International body urges Brazil to rescind controversial family legislation
The Brazilian government is facing international pressure to repeal its Parental Alienation Law, a controversial piece of legislation that has been criticized for its gendered and potentially harmful use, particularly in cases where mothers present credible allegations of violence.
The United Nations has been vocal in its criticism of the law, with Special Rapporteur Reem Alsalem noting that since its enactment in 2010, international and regional human rights bodies have raised repeated concerns about the law. According to Alsalem, survivors and organizations supporting them have been subjected to threats and harassment.
The law, known as Law 12.318, defines parental alienation as an interference in the psychological development of a child or adolescent. It grants judges the power to alter custody arrangements, impose fines, and order psychological assessments based on the concept of parental alienation. However, the scientific validity of the so-called parental alienation syndrome remains contested, with many researchers dismissing it as pseudoscience.
The debate over the Brazilian Parental Alienation Law has already placed the country's unique stance under a global spotlight. Rights groups, including Equality Now, have long argued that the law has been weaponized against mothers raising abuse claims. In several instances, women were accused of alienating their children from their fathers and stripped of custody, only for children to be returned to the very men accused of abuse.
The UN special rapporteur has urged legislators to centre the testimony of women and children "in safety and in dignity" at a hearing scheduled at the Commission on Constitution, Justice, and Citizenship. She has also welcomed a draft Bill before Brazil's Congress that would repeal the Parental Alienation Law. The draft Bill aims to remove all references to the concept of parental alienation from the country's Code of Civil Procedure.
In other countries like the United States, Portugal, and Argentina, courts may consider whether one parent has obstructed a child's relationship with the other, but such conduct is weighed within broader custody and welfare proceedings rather than codified as a distinct legal offense. In the United Kingdom, Cafcass, the children and family court service, may highlight alienating behaviors in its assessments, yet the issue is treated as part of the wider best-interests test for the child.
The continued existence of such a law in Brazil is incompatible with the country's commitment to human rights, according to the UN special rapporteur. She has stated that the repeal of the law would bring Brazil in line with international human rights standards. The repeal would shift the focus from penalizing alienation to safeguarding children and addressing abuse allegations on their merits.
The proposed repeal of the law would bring Brazil into line with prevailing international practice, a move that could help alleviate the global scrutiny the country's stance on the issue has attracted. However, the final decision rests with the Brazilian legislators, who are currently considering the draft Bill to repeal the Parental Alienation Law.
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