25 November

UN warning: parental alienation used in courts to conceal violence

Special Rapporteur Alsalem: in the courts unscientific theories with which abusers discredit the accusations and have their children removed from their mothers. Courses and counselling, a business in the skin of children

by Flavia Landolfi and Manuela Perrone

3' min read

Translated by AI
Versione italiana

3' min read

Translated by AI
Versione italiana

"The discredited and unscientific pseudo-concept of parental alienation" is used "in family law proceedings by abusers as a tool to continue abuse and to undermine and discredit allegations of domestic violence by mothers trying to keep their children safe. All in violation of the principle of the best interests of the child.

The report on parental alienation signed by the UN Special Rapporteur on violence against women, Reem Alsalem, who illustrated it on 20 November in the Italian Senate during an initiative promoted by the Italian Democrat Valeria Valente, does not mince her words. "Forced reunification of minors with one parent and forced removal from the other in order to achieve reunification with the rejected parent is a form of institutional torture and ill-treatment," the Jordanian expert in humanitarian and gender issues concluded. She also took aim at the so-called 'reunification camps', centres or family homes where the child's relationship with the other parent is forced.

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An entire plant under indictment

But it is the whole system revolving around parental alienation that is under indictment. The 40-page UN report denounces the unscientific and instrumental nature of the theory that was invented by the psychologist Richard Gardner to be applied during divorces to children who report abuse by their fathers: with alienation and its derivatives, such as 'parental rejection', the acts carried out by one parent, most often the mother, accused of causing the child to reject the other parent, usually the father, are censured. The UN report also denounces the "parental rejection" theory, which was invented by the psychologist Richard Gardner to be applied during divorces to children who report abuse by their fathers

The intent to 'deprogramme' minors

 "Protective mothers find themselves at a disadvantage. Insisting on presenting evidence of domestic violence or child abuse can be seen as an attempt to distance the children from the other parent. Thus, it happens that children, even young ones, are taken away from the parent defined as 'alienating' and placed, often by forceful removal, in foster homes or with the other parent, ignoring their will, allegations of violence and even criminal convictions. Objective: 'deprogramming' the minors to eliminate rejection and achieve bigenitoriality.

Alienation used on a global scale

Despite being rejected by the scientific community and deleted from the WHO's International Classification of Diseases, alienation is 'widely used to deny allegations of abuse in family courts on a global scale'. Hundreds of mothers find themselves branded by psychiatrists, psychologists, social workers as alienating, obstructive, malignant and lose custody of their children, with 'catastrophic' effects. Only one country has banned its use: Spain.

The business of courses and consulting

But who are the evaluators? Many, the report notes, advertise themselves as 'experts' in parental alienation or parental refusal and 'appear to abuse their position for profit or political agendas'. Consulting, training, conferences: alienation is a 'lucrative business'. Business is business, even in the skin of children, subjected to 'intrusive, inappropriate and retraumatising psychological assessments'. And judges too often flatten themselves on the consultants' judgments. "It is evident," writes Alsalem, "the need for training and specialised skills" in the field of family violence, as pointed out in the White Paper of the Equal Opportunities Department presented last year by Minister Eugenia Roccella. And as the Garante for Children, Marina Terragni, has been repeating for months now, in the front row denouncing cases of forced removal of children who are not in serious danger to their safety.

A study in five countries

But the chorus against these practices is growing louder. A study conducted by Shazia Choudhry, a lecturer at Oxford University, with researcher Daniela Rodriguez Gutierrez for Dire (Women's Network Against Violence) pushes the argument even further: it shows how alienation continues to creep into courtrooms, polluting proceedings even when it is not mentioned. The research, conducted in Italy, France, Spain, England and Bosnia, recounts a system that tends to consider mothers and fathers on different levels, with asymmetrical expectations and stricter standards for women. More awareness is maturing, 'however, the realisation that the term has not led to the elimination of the concept and its underlying assumptions'. The distortion is known, but nothing is being done to eliminate it.

In Italy record of reformulations: alienation in disguise

Italy, then, according to the study, enjoys a record: providing 'the greatest number and variety of reformulations of parental alienation'. A noteworthy sampling: 'malignant mother', 'obstructive behaviour', 'hostile mother behaviour', 'symbiotic mother'. The research concludes by emphasising the widespread use of this bias in proceedings. "In England and Wales, France, Italy and Spain a good number of interlocutors commented on the frequent use of parental alienation in court and the increase in its use in recent years". But the information fails to scratch the wall, because in family law files the category continues to function as a shortcut: if the child struggles to see the father, the alienation hypothesis is triggered even before the risk analysis.

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