Parental responsibility and gender violence. examination after one year of effectiveness of law 8/2021, of june 4

Abstract

After a year in force of the Law for the Protection of Children and Adolescents against Violence, it is necessary to reflect on its effectiveness, highlighting that many of the measures contained in the Law have not yet been implemented, and those referred to in our study have not been applied in practice. The study focuses on changes related to parental authority, but generically reiterates the importance of minors being heard and in suitable conditions with all guarantees. The innovation contained in art. 154 CC is based on how the power to decide the residence of minors is part of the content of parental authority. Introduces a modification whose real origin is found in reiterated jurisprudential doctrine regarding the precautionary suspension of parental authority, guard and custody, and the visitation regime in order to remove the minor from danger, referring to avoiding the abduction of minors by a parent or by third parties. Another of the legal modifications, also based on and originating in the jurisprudence of the Supreme Court, enables the judge, with the support of art. 158 CC, to impose the precautionary suspension of parental authority that is provided for as long as the procedure lasts, being necessary to go to article 170 of the CC if you want the suspension to last over time. There is still a long way to go, not only due to the necessary specialized judicial training, the creation of courts dedicated to violence, but above all the effective exercise implemented by the Law as the practical application of the precautionary suspension of parental authority.