GENEVA (4 November 2022) – UN experts today urged Brazil’s new government to axe a ‘parental alienation’ law that can lead to discrimination against women and girls, particularly in family court custody battles.
Family courts regularly dismiss allegations of sexual abuse of the children brought forward by the mothers against their fathers or stepfathers, disbelieving and punishing mothers, including through the loss of custody rights to their children.
We are gravely concerned about the underlying gendered stereotypes that contribute to the legitimation of the concept of parental alienation and its resort mainly against women when the court decision regards the right to custody or guardianship. Such gendered stereotypes are profoundly discriminatory, as the testimonies of women who claim their children are abused are being dismissed or considered of inferior value and credibility. These profoundly discriminatory approaches essentially result in a miscarriage of justice and the continued exposure of mother and child to abuse, life threatening situations and other violations of their fundamental freedoms.
We note with concern the disturbing consequences for mothers, many of whom have had no option but to remain silent regarding the abuse of their children by their partner or former partner, out of fear of being accused of parental alienation and loosing custody rights.
The use of parental alienation and similar concepts contributes to the banalisation of violence against women and girls in Brazil, where a high level of domestic violence against children, in particular girls, takes place against the backdrop of a continued high level of femicide for the past decade.
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