The Council of Ministers has given the green light, in the second round, to the draft law on vicarious violence, prepared by the Ministry of Equality, led by Ana Redondo, which has as its main objective to make this violence visible, recognize, prevent, punish and eradicate it. So far this year, three children have been murdered, and since 2013 (when the official statistics began), 68. This statistic only includes victims who are the sons and daughters of women, not mothers, sisters, partners… also murdered.
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The approved text modifies up to ten regulations, including the Organic Law of 2024 on comprehensive protection measures against gender-based violence (LOVG); the Penal Code; the Civil Code; the Organic Law of the Judiciary; the Organic Law on the Legal Protection of Minors; the Criminal Procedure Law and Civil Procedure Law; and the Civil Registry Law. In the words of the Minister of Equality, Ana Redondo, it is a “very complex” regulation.
What is vicarious violence?
According to the text, it is that which, with the aim of causing pain or suffering to women, is exercised by their partners or ex-partners, even without cohabitation, over their sons and daughters or descendants, as well as over minors or adults with disabilities subject to their guardianship, curatorship, foster care or custody or other support measures; over other minor relatives or close persons; over the woman’s ascendants or brothers and sisters; or over her spouse or person linked by a similar affective relationship even without cohabitation. That is, the list of victims included in the Organic Law on comprehensive protection measures against gender-based violence is expanded, Redondo clarifies.
Vicarious violence is configured as an aggravating circumstance on grounds of gender in the Penal Code: harsher penalties for the abuser.
Prohibition of publication
A new accessory penalty will be incorporated into the Penal Code consisting of the prohibition of publishing or disseminating messages, texts, images or other content directly related to the committed crime. To prevent, for example, what happened with José Bretón, who murdered his two young children, Ruth and José, in 2011, and who wrote a book about this horrible event. Social pressure led the publisher to suspend its publication.
End of parental authority
The text will modify the Civil Code regarding parental authority, custody, and visitation rights. Specifically, it provides for the automatic deprivation of parental authority in the case of a final conviction for certain serious crimes against sons or daughters, as well as in the case of certain serious crimes against women. It also allows for the deprivation of parental authority in the case of well-founded indications of violence or if the parent is undergoing judicial proceedings for certain crimes.
Listening to minors
It introduces limits to the shared exercise of custody, excluding it when it may be harmful to the physical, psychological or emotional health of the sons or daughters.
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Also in relation to custody arrangements, it establishes the obligation to listen to minor children from the perspective of childhood, adapting the hearing to their age, maturity and personal circumstances, with the assistance of specialists when necessary.
And the exception of not being heard will be contemplated when it is not possible or not in the best interest of the minor, provided this circumstance is properly justified. In these cases, their opinion will be known through legal representatives or persons who, due to their profession or special relationship of trust, can convey it objectively.
Visitation regime
Article 94 of the Civil Code is amended to strengthen the justification when establishing a visitation, communication or stay regime regarding the parent involved in a criminal process, when there are well-founded indications of domestic or gender violence, and the obligation to listen to minor children is reinforced.
Change of surnames
The surviving mother of a child deceased as a result of vicarious violence may request the substitution of the surnames of the deceased child and, if any, of the other common minor children, in order to avoid the persistence of the nominal link with the aggressor.
No right to economic benefit
Along the same lines, the General Social Security Law will be amended to ensure that a person cannot generate the right to death and survival benefits when they have committed homicide, if the victim is the person causing said benefits.
For Minister Redondo, with this regulation, “Spain is once again at the forefront of equality defense policies. We advance in a context of regression of women’s rights and denial of equality. Faced with social problems, there are two ways to react: denying the problems, which implies worsening them, or analyzing them and offering solutions to move forward, and that is what we do, progress, keep moving forward.”
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