UN Special Rapporteur Welcomes Brazilian Bill to Repeal Parental Alienation Law

The UN Special Rapporteur on violence against women and girls, Reem Alsalem, has welcomed a new Brazilian bill aimed at repealing the Parental Alienation Law and removing the concept of "parental alienation" from the country's statute books. This move is seen as an important step towards bringing Brazil in line with international human rights standards on gender equality and child protection. Alsalem has expressed concerns about the abuse of the Law 12.318/2010, which has led to reports of women being stripped of their right to custody of their children and the children being sent back to their abusers.

Key Takeaways:

  • The Brazilian bill aims to repeal the Parental Alienation Law (Law 12.318/2010) and remove the concept of "parental alienation" from Article 699 of the Code of Civil Procedure.
  • The UN Special Rapporteur, Reem Alsalem, has welcomed this move, stating that it is an important step towards aligning Brazil with international human rights standards on gender equality and child protection.
  • The abuse of the Parental Alienation Law has led to reports of women being stripped of their right to custody of their children and the children being sent back to their abusers.
  • Human rights mechanisms, including the UN Special Rapporteur's mandate, have repeatedly recommended that the Government of Brazil repeal the Parental Alienation Law.
  • Brazil is the only country that continues to explicitly define and penalise acts of parental alienation as a legal offense through the Parental Alienation Law.
  • The UN Special Rapporteur urges the Government of Brazil, its legislators, law enforcement, and judiciary to ensure that the misuse of parental alienation allegations is sanctioned and stopped.

Statistics:

  • Since the enactment of Law 12.318/2010, international and regional human rights mechanisms, including the UN Special Rapporteur's mandate, have raised concerns about the gendered and harmful ways in which the Law has been abused.
  • There are reports of women having been stripped of the right to the custody of their children, with children then being sent back to their abusers.
  • The UN Special Rapporteur has repeatedly and firmly recommended that the Government of Brazil repeal Law 12.318/2010.

Sources:

  • The Office of the United Nations High Commissioner for Human Rights
  • Law 13.431/2017 (Specialised Hearing Law)
  • Article 699 of Brazil's Code of Civil Procedure
  • UN Special Rapporteur on violence against women and girls, Reem Alsalem