6533b7defe1ef96bd1276875
RESEARCH PRODUCT
Custody and Care of Children in Spain: can the Two Rights be Reconciled?
Marcela Isabel Jabbaz Churbasubject
Human rightsmedia_common.quotation_subject050901 criminology05 social sciencesCriminologyPublic international lawGender Studies0501 psychology and cognitive sciencesSociologyGender gapPolitical philosophy0509 other social sciencesMenors050104 developmental & child psychologymedia_commondescription
AbstractThis study aims to analyse the legal decision-making process in the Community of Valencia (Spain) regarding contentious divorces particularly with respect to parental authority (patria potestas), custody and visiting arrangements for children, and the opinions of mothers and fathers on the impact these judicial measures have had on their lives. It also considers the biases in these decisions produced by privileging the rights of the adults over those of the children. Three particular moments are studied: (1) the situation before the break-up, focusing on the invisible gender gap in care; (2) the judicial process, where we observe the impact of hidden gender-based violence and gender stereotypes; and (3) the situation post-decision, showing how any existing violence continues after divorce, by means of parental authority. The concept of ‘motherhood under threat’ is placed at the centre of these issues, where children’s voices are given the least attention.
| year | journal | country | edition | language |
|---|---|---|---|---|
| 2021-07-17 |