The Government modifies the child protection law to prevent situations like Miquel Roldán's

PalmThe Council of Ministers gave 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 (LOPIVI), in force since 2021. The reform toughens the criteria for working or remaining 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 jobs. This measure aims to prevent situations like that of the teacher Miguel Roldán, convicted of harassment of a student, whose incorporation into 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 the guarantees of protection against any form of mistreatment. In the press conference after the Council of Ministers, Minister Sira Rego admitted that the State has "a debt to childhood", criticizing 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 compulsorily recorded in any process affecting them. Until now, this right applied from the age of 12 or when the minor was considered to have sufficient maturity. Another highlighted point is the reinforcement of the principle of the best interests of the child. Any administrative or judicial decision must explicitly justify how this interest has been valued and why the adopted resolution protects the child's physical, emotional, and psychological well-being.

Removal of the victim

Within this framework, the criterion of prioritizing the minor's distance from the aggressor is included. “Protecting can never mean living with someone who abuses”, Rego remarked. 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 using it may be used in judicial or administrative proceedings, and resolutions that refer to it may be appealed. The minister highlighted that Spain thus becomes the first country to ban its use by law.

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

Finally, the reform introduces a notable measure in the assistance field: with the consent of only one parent, a minor victim of violence may 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 for the years 2023 and 2024. According to the ministry, 90% of the planned measures are already underway, although challenges such as inequalities between territories, lack of judicial specialization, and the need to improve coordination and data systems are still detected.