Spain modifies the Child Protection Law to prevent situations like Miquel Roldán's

PalmThe Council of Ministers has given the green light this Tuesday, in a first reading, to the expansion of the Organic Law for the Comprehensive Protection of Children and Adolescents against Violence, in force since 2021. The reform toughens the criteria for being able to work or remain in professions, trades, and activities that involve regular contact with minors. From now on, it will be an essential requirement not to have a criminal record for offenses related to childhood to access these job positions. This measure aims to prevent situations like that of the teacher Miguel Roldán, convicted of harassing a student, whose hiring at an educational center generated rejection among families.

The reform, promoted by the Ministry of Youth and Childhood, also reinforces the right of all children and adolescents to be heard in judicial and administrative proceedings, without age exceptions, and expands protection guarantees against any form of mistreatment. At the press conference following the Council of Ministers, minister Sira Rego admitted that the State has "a debt to childhood" and criticized that for years the testimony of minors has been doubted and the work of many protective mothers has been questioned. In this regard, she asked to recognize this reality and offer apologies to all children who have not been heard.

The new wording establishes that the statement of all minors must be obligatorily recorded in any process that affects them. Until now, this right applied from the age of 12 or when the minor was considered to have sufficient maturity. Another of the highlighted points is the reinforcement of the principle of the best interests of the minor. Any administrative or judicial decision must explicitly justify how this interest has been valued and why the adopted resolution protects the physical, emotional, and psychological well-being of the child.

Removal of the victim

Within this framework, the criterion of prioritizing the minor's distancing from the aggressor is included. “Protecting can never mean living with an abuser”, Rego has emphasized. The reform also expressly prohibits the use of the so-called Parental Alienation Syndrome (PAS), as well as any variant with a pseudoscientific basis. From now on, no report that uses it may be used in judicial or administrative proceedings, and resolutions that refer to it may be appealed. The minister has highlighted that Spain thus becomes the first country to veto its use by law.

Among other measures, the requirements for professions with habitual contact with minors are also tightened, the recognition of child violence victims is streamlined, and specialized training for professionals is promoted through a specific plan. Likewise, the creation of specialized pro bono services in violence against children is foreseen to facilitate access to justice.

Finally, the reform introduces a notable measure in the care field: with the consent of a single parent, a minor victim of violence will be able to receive psychological, social, or legal attention, without the aggressor being able to block the reparation process. The Council of Ministers has also reviewed the strategy to eradicate violence against children corresponding to the years 2023 and 2024. According to the Ministry, 90% of the planned measures are already underway, although challenges are still detected such as inequalities between territories, lack of judicial specialization, and the need to improve coordination and data systems.

Sumar Más claims change

The Sumar Més deputy in Congress, Vicenç Vidal, has assured that his intervention was key for the Spanish Government to incorporate into the reform of the organic law for the protection of children and adolescents the prohibition for individuals convicted of abuse to practice professions in contact with minors.

According to Vidal, the initiative comes from FAPA Mallorca and was directly conveyed to Minister Sira Rego, who has included it in the regulatory update announced this Tuesday. The reform toughens the requirements to access teaching jobs or any professional activity linked to children and adolescents, following the events that occurred in Palma in the case known as the “Roldán case”. The deputy has celebrated the measure and has emphasized that “from now on, Spanish legislation will prevent someone convicted of abusing minors from working in contact with children or adolescents”. Likewise, he has defended that it is a decision “of justice” to guarantee the protection of minors.