Immediate Reforms Needed To Protect Women, Children From Violence: UN Report

News Desk

United Nations: Deeply embedded gender bias that pervades family court systems across the world is placing women and children in situations of immense suffering and violence, said a United Nations report.

“The tendency of family courts to dismiss the history of domestic violence and abuse in custody cases, especially where mothers and/or children have brought forward credible allegations of domestic abuse, including coercive control or physical or sexual abuse, is unacceptable,” stated a report presented by UN Special Rapporteur Reem Alsalem on ‘violence against women and girls, its causes, and its consequences’ to the Human Rights Council (HRC) in Geneva.

The report addresses the link between custody cases, violence against women, and violence against children, with a focus on the abuse of the term ‘parental alienation’ and similar pseudo-concepts.

A history of intimate partner violence against women was often neglected in the family courts and shared custody or parental authority was treated as the default ruling, regardless of the child’s perspective, Reem Alsalem added.

“The resilience of the affected child may be weakened if custody decisions are made in favour of the parent who claims to be alienated without giving the youngster’s opinions any weight. Additionally, the child can continue to have damaging exposure.” Alsalem further said.

The failure of child custody processes to use child-sensitive approaches that focus on the best interests of children

She also called out the failure of child custody processes to use child-sensitive approaches that focus on the best interests of children.

The report underscores that minority women face additional barriers when being accused of using ‘parental alienation, in part due to increased barriers to accessing justice as well as negative stereotypes.

The Issue of Parental Alienation: Parental alienation is defined as the situation when a child refuses to have a relationship with one parent as a result of manipulation or falsehoods spread by the other parent.

Various mental health professionals argue that parental alienation is a type of emotional child abuse in various family court systems, such as state judicial systems in the US. According to the expert’s study, the concept is heavily gendered and is not supported by science.

Despite being used against both moms and dads, the survey claims that mothers are more frequently accused of inciting their children to rebel against their fathers.

The report demonstrates how the discredited and unscientific pseudo-concept of parental alienation is used in family law proceedings by abusers as a tool to continue their abuse and coercion and to undermine and discredit allegations of domestic violence made by mothers who are trying to keep their children safe.

The standard of the best interest of the child is violated by imposing contact between a child and one or both parents and by prioritizing it, even where there is evidence of domestic violence: Report

It also shows how the standard of the best interest of the child is violated by imposing contact between a child and one or both parents and by prioritizing it, even where there is evidence of domestic violence.

The consequences of biased custody decisions can be detrimental and irreversible to those concerned, leading to a continuum of violence before and after separation, the expert said.

Predominantly as a result of the lack of training and gender bias and of access to legal support, the custody of children may be awarded to perpetrators of violence, despite evidence of a history of domestic and/or sexual abuse.

The UN Special Rapporteur’s report also provides recommendations for states and other stakeholders to reverse the long-lasting harm done to individuals, families, and societies.

When taking into account the human rights dimension of the multi-layered abuse that many mothers and children endure when using family court systems, Reem said that the international community has to establish a stronger ‘collective conscience’.

“When establishing arrangements for custody and visitation rights, the protection of women and children from violence, a victim-centered approach, and the best interests of the child must take precedence over all other criteria,” she added.

Additional input from agencies.