Parental Alienation Syndrome in Spain: opposed by the Government but accepted in the Courts

Glòria Casas Vila (1)

1 CERTOP - Centre d'Etude et de Recherche Travail Organisation Pouvoir

For over fifteen years, Spain has seen the promulgation of feminist-inspired legal frameworks to combat male violence against women and, as a result, Spanish law contains a variety of mechanisms that target male violence. However, the parallel dissemination of the pseudo-scientific concept of Parental Alienation Syndrome (PAS), especially since 2004, has become a tool to stall the enforcement of gender equality legislation. Specifically, PAS is causing severe harm in legal procedures related to marital breakdown. Both the government and the General Council of the Judiciary have taken a stand against the deployment of PAS in the legal system, but the notion of parental alienation is still widely used in family courts. This article analyses the contemporary significance of PAS in Spain. It grounds itself in an examination of key government reports and legal cases, and draws on qualitative survey data from interviews with 20 women who have been either formally accused, or threatened with accusations of parental alienation.

Mots clés: Parental alienation; gender violence; child sexual abuse; Constitutional Act 1/2004; Spain

Domaines: Sociologie; Etudes sur le genre

Glòria Casas Vila. Parental Alienation Syndrome in Spain: opposed by the Government but accepted in the Courts. Journal of Social Welfare and Family Law, 2020, 42 (1), pp.45-55. ⟨10.1080/09649069.2019.1701923⟩. ⟨halshs-03257631⟩