UN Expert Welcomes Brazil’s Move to Repeal Controversial Parental Alienation Law

The proposed reform is being hailed as a milestone in aligning Brazil with international human rights standards on gender equality and child protection.

The UN Special Rapporteur on violence against women and girls, Reem Alsalem, has welcomed a new Brazilian bill that seeks to fully repeal the Parental Alienation Law (Law No. 12.318/2010), along with related provisions embedded in other national legislation. The proposed reform is being hailed as a milestone in aligning Brazil with international human rights standards on gender equality and child protection.

Bill Targets Harmful Legal Framework

If adopted, the bill would eliminate the legal concept of "parental alienation" from multiple statutes, including the Specialised Hearing Law (Law 13.431/2017) and Article 699 of Brazil's Code of Civil Procedure. It is being championed by a group of feminist congresswomen who argue that the law has been widely misused against women reporting abuse.

Alsalem praised the initiative, stating:

"This is an important step by legislators to bring Brazil in line with international human rights standards established under binding international and regional treaties."

A Law Criticized for Enabling Abuse

Since its enactment in 2010, the Parental Alienation Law has drawn criticism from human rights advocates for creating avenues to discredit and punish mothers. International and regional mechanisms, including Alsalem's mandate, have repeatedly flagged the law's misuse against women raising allegations of domestic violence and sexual abuse.

Reports detail cases where mothers have lost custody of their children, with children placed back in the care of alleged abusers. This has led to patterns of egregious harm that human rights bodies have consistently urged Brazil to address through legislative repeal.

Brazil an Outlier on Global Stage

Brazil remains the only country that explicitly defines and penalizes "acts of parental alienation" as a legal offense. Under current law, these acts are treated as a civil violation with criminal consequences, a stance Alsalem argues is incompatible with international human rights obligations.

"To ensure the non-repetition of harm, the final bill must repeal the Parental Alienation Law fully, clearly and in unequivocal terms," Alsalem insisted.

Upcoming Parliamentary Hearing

A scheduled hearing on the bill before the Commission on Constitution, Justice and Citizenship is expected to draw intense debate. Alsalem urged legislators to ensure that the session centres the voices of affected women and children, enabling them to share their experiences in safety and dignity.

"Victims, organisations, and experts who have highlighted the harms of this law continue to face threats and attacks," she warned, stressing that such intimidation must be sanctioned and stopped.

Call for Broader Accountability

The Special Rapporteur urged not only the Brazilian Congress but also law enforcement and the judiciary to act responsibly. She underscored the importance of dismantling systemic barriers that perpetuate gendered harm and of ensuring survivors of violence are protected rather than silenced.

If adopted, the bill could mark a turning point in Brazil's approach to family law and child protection, sending a strong signal of compliance with international human rights obligations. For survivors, it could mean the end of a decade-long struggle against a law that too often amplified their suffering instead of protecting them.