Spain removes the age limit for testifying in courts

[HumanBeing]

The Spanish government has recently removed the age limit for testifying in a legal proceeding, removes the "parental alienation syndrome" from legislation, among other reforms:

Right to be heard: The age limit of 12 or the requirement of “sufficient maturity” for minors to be legally heard in proceedings that affect them has been eliminated. Until now, this requirement “has meant that, in many cases, the voices of children have not been taken into consideration,” noted Sira Rego, Minister of Youth and Children.

Victim's Statute. The reform also includes the right to reparation for minors who have been victims of sexual violence, making them “full” beneficiaries of the Victim's Statute—a law that establishes a series of rights for all victims of crime, from before the criminal proceedings until the execution of the sentence.

Best interests of the child. The reform includes the removal of the child from the person who abuses them, ensuring that the best interests of the child “never” involve being with an abuser or a suspected abuser.

It must be expressly justified in administrative and judicial acts and resolutions how the best interests of the child have been assessed, and why the decision adopted best protects the physical, emotional, and psychological well-being of the children.

Parental alienation syndrome is prohibited. No public or private report based on parental alienation syndrome (PAS)—in a custody dispute, one parent manipulates a child to reject the other parent—as well as any reformulation or approach “without scientific backing,” may be used in judicial, administrative, or other proceedings.

Furthermore, resolutions that use PAS may be challenged.

Modification of visitation rights. The reform of the child protection law establishes that joint custody may not be granted when there are indications that such a decision could negatively affect the “physical, mental, or emotional health” of the minor. In addition, if a child expresses rejection of one of their parents, the system must investigate the reasons for that rejection.

“We are guided by the clear principle that an abuser cannot be a good parent, and that there are dramatic situations in which children experience extremely difficult circumstances,” stated the Minister of Youth and Childhood.

Reparation. From now on, the consent of only one parent will suffice for a minor who is a victim of violence to access psychological, social, or legal support. This will “prevent the abuser from having veto power over reparation,” emphasized Sira Rego.

Working with Minors. It is a requirement for access to professions, trades, and activities that involve regular contact with minors that individuals have not been convicted of crimes related to childhood or adolescence, including gender-based and domestic violence.

Training. The reform includes mandatory and specialized training for all professions related to childhood (such as education, healthcare, social services, and the justice system), "in order to guarantee early detection, appropriate intervention, understanding of trauma, and prevention of re-victimization."

Specialized legal aid services. Specialized legal aid services for violence against children and adolescents will be established within the Bar Associations.

Sources:
https://www.rtve.es/noticias/20260505/g ... 3842.shtml
https://www.elperiodico.com/es/sociedad ... -129856523
https://www.newtral.es/reforma-ley-prot ... /20260505/