The United Nations Special Rapporteur on violence against women and girls, Reem Alsalem, has endorsed a legislative initiative in Brazil aimed at repealing the country’s Parental Alienation Law. This law, enacted in 2010, defines parental alienation as interference in a child’s psychological development by one parent to undermine the child’s relationship with the other parent. Critics argue that the law lacks scientific validity and has been misused in custody disputes to dismiss allegations of abuse, particularly those made by mothers.
Alsalem emphasized that the proposed repeal is a significant step toward aligning Brazil’s legal framework with international human rights standards on gender equality and child protection. She highlighted concerns that the existing law has been exploited to penalize mothers who bring forward credible allegations of domestic violence and abuse, including sexual abuse of their children. There have been instances where mothers lost custody rights, and children were returned to alleged abusers.
Brazil is currently the only country that explicitly defines and penalizes acts of parental alienation as a legal offense. The continued existence of such a law is seen as incompatible with the country’s commitment to human rights. Alsalem urged that the repeal be comprehensive and unequivocal to prevent further harm.
In anticipation of a scheduled hearing on the draft repeal bill, Alsalem called for the inclusion of voices from children and women affected by the misuse of parental alienation allegations. She stressed the importance of conducting these hearings in a manner that ensures safety and dignity for all participants.
The move to repeal the Parental Alienation Law reflects a broader effort to address gender biases in family court systems and to protect women and children from violence during custody battles. The UN has previously highlighted that family courts often dismiss histories of domestic violence, leading to decisions that may expose children to lasting harm. The concept of parental alienation has been criticized for lacking empirical basis and for being used to undermine allegations of abuse, particularly those made by mothers.
As Brazil considers this legislative change, the international community continues to monitor developments, emphasizing the need for legal frameworks that prioritize the safety and well-being of children and uphold the rights of women.