The second vice president of the Government, Pablo Iglesias, announced last Thursday the next approval in the Council of Ministers on Tuesday, June 9, the Law for the Comprehensive Protection of Children and Adolescents against Violence; project that he has named “Law Rhodes“and that has been one of the priorities of his department since he took office.
“The approval of this law is going to be a historic step so that current and future generations of children and adolescents can grow up free of violence,” Iglesias said, highlighting that “it will not only help to stop the reproduction of a reality execrable, such as abuse and violence against children, but also it’s going to help prevent many of the worst physical, emotional and psychological consequences. “
The Rhodes Act seeks to establish a special legal framework to protect children and adolescents from possible abuse; and includes measurements of prevention, action at the educational level, family support, social services, health, regulation of advertising, social networks, justice, among other.
According to the Draft Law to which you have had access 20minutos, the law is structured in 58 articles, which promote “all the legislative, administrative, social and educational measures necessary to protect the child or adolescent against any form of violence, damage, physical or mental abuse, neglect or neglect, mistreatment or exploitation”.
Keys to the Rhodes Law
With this new project, children and adolescents who are victims of violence will have the right to obtain information – in accordance with their personal situation and degree of maturity -, advice, support and therapeutic care, as well as the possibility of “appear in the legal proceedings that are followed”, whose assistance will be free. In addition, it also promotes specialized training for judges and prosecutors “on the fundamental rights of children and adolescents.”
One of the outstanding points of this law is the extension of the statute of limitations “of the most serious crimes committed against minors, modifying the date of the beginning of the calculation of the term: the limitation period will be counted from when the victim has reached the age of 30 “, that until now began to count when the victim turned 18 years old.
What’s more, “The conditions for access to the third degree of prison classification, conditional release and prison permits are hardened” of those people who have been convicted of crimes that attempt against sexual indemnity and freedom of persons under the age of sixteen. And, those convicted of murder, will be deprived of parental authority, when the author and the victim have a son or daughter in common and when the victim is the author’s son or daughter.
In the event that the victim who must testify in a trial and is under 14 years of age or has a disability, may do so only once to “avoid having to testify repeatedly, throughout the criminal procedure.”
The law for the Protection of Children and Adolescents against Violence also includes in the hate crimes age as a cause of discrimination, as well as aporophobia and social exclusion -a social phenomenon in which the rejection, aversion or contempt of poor people underlies the criminal activity, within these criminal types.
The criminal type of abduction of minors is also modified, allowing both the parent with whom the minor lives, as well as the one they have in their company in a stay regime, to be an active subject. Until now, it was considered a crime only if the action was carried out by the parent who is not the holder of custody, as was the case with Juana Rivas, the woman sentenced to five years in prison for refusing to allow her children to return. to Italy with his father, whom he accused of gender and psychological violence against minors.
Awareness, prevention and early detection
To eradicate violence, a strategy will be developed in collaboration with the autonomous communities and local entities, and Awareness, early detection and prevention actions will be reinforced with plans and public programs, “endowed with a budget and that prioritize the most vulnerable groups.”
Likewise, and in line with the aim of preventing risk factors, the educational work of families will be promoted, and “good treatment, positive parenting, the acquisition of emotional skills, negotiation and conflict resolution based on the situation and needs of the parents, or, where appropriate, of the guardians or guardians or welcoming people”.
Another novelty of the law is the creation of the figure of a coordinator or coordinator in educational centers, that, in order to detect and avoid bullying, cyberbullying, sexual harassment, gender violence and any other form of violence, act when there is a minimum indication of them. Another new figure will be that of the protection delegate, in the entities that offer sports or leisure activities, such as extracurricular activities, so that they inform and support minors on the protocols for action against violence.
In educational centers, in addition, it must be provided to all students at the beginning of the course, all the information that explains how to proceed in situations of violenceas well as telephone help lines.
The duty to communicate any situation of violence is established
Likewise, as Iglesias previously stated, the duty of all citizens is established to “report any situation of violence against children or adolescents to the competent authority, even when it does not constitute a crime”, a duty that is configured as a a more demanding way for professionals who tend to be more in contact with minors and that will be reinforced with the new measure that establishes that Social services officials have the status of agents of the authority.
Image and personal data protection
The new law also contemplates some measures that limit the advertising content and establishes the prohibition of advertising that, due to its characteristics, may provoke “violent behavior” in minors or that integrate “a series of stereotypes of a sexist, racist, aesthetic or homophobic or transphobic nature “.
New are also contemplated types of crime to avoid impunity in conducts carried out through technological means and communication, “which produce serious risks to the life and integrity of minors, as well as a great social alarm”, and which aims to prosecute crimes against privacy, the right to one’s own image and the inviolability of the home.
In this way, a specific complaint channel is regulated before the Spanish Agency for Data Protection that guarantees the protection of personal data and the rapid removal from the Internet of content that seriously violates it.
To ensure the application of this law, a new body has been created, the Sectorial Conference on childhood and adolescence, which will cooperate with public administrations in a Monitoring Commission who will be in charge of analyzing its implementation, its legal and economic repercussions and evaluating its impact.
The Security Forces and Bodies, at the state, regional and local level will have units specialized in awareness, prevention and detection precocious situations of violence.