Spain’s New 'Vicarious Violence' Bill Faces Criticism Over Redundancy and Child Rights

• The Spanish government has proposed a bill to combat "vicarious violence," yet legal and child-rights experts argue the measures are largely redundant or fail to address the core issues.
• The legislation attempts to codify protection for children as targets of gender-based violence, but critics claim it perpetuates an "adult-centric" view that treats children as collateral instruments rather than direct victims.

Proposed Legislative Changes

• Amends ten existing legal texts, including the 2004 Integral Law on Gender-Based Violence.
• Introduces gender-based aggravating circumstances in criminal law and prohibits the public dissemination of judicial proceedings.
• Mandates automatic suspension or deprivation of parental authority, custody, and visitation rights upon serious criminal convictions or when reasonable evidence of violence exists.

Expert Criticism and Caveats

• Legal experts, including those from the Association of Women Judges of Spain, contend that many of the "novel" measures were already established in the 2021 LopiVI (Comprehensive Law for the Protection of Children and Adolescents).
• Child protection advocates argue the definition of "vicarious violence"—as violence meant to hurt the mother—marginalizes the child's own suffering, shifting focus from the child’s direct harm to the perpetrator’s intent.
• There are significant concerns that the bill could inadvertently criminalize "protective mothers" who refuse visitation to shield their children, as judges may view such actions as interference with custody agreements.
• Critics warn that provisions allowing children's voices to be heard through representatives are vaguely defined, potentially leading to fewer children being directly heard in court.

Background and Context

• Since 2013, 68 children have been murdered in Spain due to vicarious violence, including three in the current year.
• The bill faced delays within the government, specifically due to friction between the Ministry of Equality and the Ministry of Youth and Children regarding the definition of violence and custody regimes.