Appeal to withdraw the bill on joint custody

Letter from the DIOTIMA Center to Prime Minister Kyriakos Mitsotakis calling for the withdrawal of the bill on joint custodySource: diotima.org.gr
Date: 11/05/2021
Link: https://diotima.org.gr/ekklisi-na-aposyrthei-to-nomoschedio-gia-ti-synepimeleia/Athens, 11 May 2021

To the attention of Mr. Kyriakos Mitsotakis, Prime Minister of Greece

Dear Mr. Mitsotakis,

We, the undersigned organizations, have been informed of the alarming content of the Greek bill "Reforms concerning parent-child relations and other family law issues," which the Minister of Justice put out for public consultation and intends to bring to a vote in Parliament.

The provisions of this bill flagrantly violate legally binding international human rights instruments concerning the safety and protection of all victims of domestic violence (mainly children and mothers), specifically:

• the Istanbul Convention (Law 4531/2018)
• European Directive 2012/29/EU on Victims' Rights (Law 4478/2017)
• the UN Convention on the Rights of the Child (Law 2101/1992).

The child is approached from the perspective of a deeply patriarchal society, as a passive recipient of the exercise of parental rights rather than as a rights-holder. Specifically, the bill disregards:

• the best interest of the child, which is not examined for each child individually, but is instead defined for all children as being solely the presence of both parents in the child's life. It imposes as a rule the "joint and equal exercise of parental responsibility" for all children whose parents do not live together
• the will and opinion of the child: although the bill introduces a multitude of mandatory extrajudicial procedures (private agreements, mediations) before, during, and after court proceedings, the child's opinion is not provided for in any of these, except only if the case reaches court. The bill exposes victims of domestic violence (children and the non-abusive parent, usually mothers) to greater risk than the one they already face
• the rule of "joint and equal exercise of parental responsibility" obliges the child to have physical contact with the parent they do not live with, "for at least 1/3 of the total contact time, unless that parent requests less contact time." The child's refusal is considered parental alienation on the part of the other parent, and is punished by removal of parental responsibility
• to implement the aforementioned rule, parents are forced into multiple direct contacts and negotiations, while, in order to modify it, multiple mediations (before, during, and after court proceedings) are recommended or made mandatory, with sessions requiring the simultaneous presence of both parties, with no exception whatsoever for victims and perpetrators of domestic violence
• the parental rights of the abusive parent and their contact with the child can only be restricted or removed after a final conviction for crimes of domestic violence or against sexual freedom or economic exploitation of sexual life. For the reality of Greek courts, this means that all abusers will have unimpeded access to their victims for more than 2-5 years.

Knowing that in Greece:

• the majority of abused women who have children with perpetrators of domestic violence do not turn to criminal courts, but instead try to escape the abusive environment through civil court decisions, to which they appeal for the issuance of protective measures/restraining orders against the abuser and to settle matters relating to custody and contact with the other parent, child support, etc.
• mediation is mandatory for all civil cases concerning parental responsibility, custody, and contact with children before a case can reach the courtroom (Law 4640/2019, Art. 6), and criminal mediation is strongly recommended for domestic violence misdemeanors (Law 3500/2006)
• there is no distinct Child Protection System, no mandatory reporting procedure for child abuse/neglect, and no supervised parent-child contact procedure
• the protection provided to victims of domestic violence is inadequate, because most of the relevant provisions of the Istanbul Convention (Art. 51-53) and Directive 2012/29/EU (Art. 19, 20 & 22-24) have not yet been implemented: risk assessment and management is not carried out, emergency barring orders cannot be applied, and violations of protective measures/restraining conditions are neither monitored nor punished

we express our strong concern that such a law will further weaken the already inadequate protection provided to victims of domestic violence (mothers and children), as it will expose them to greater risk than the one they already face and will severely obstruct their access to Justice (Civil and Criminal) in seeking protection.

Violations of human rights and legally binding International and European instruments do not disappear simply because the phrase was added to Article 1: "its provisions are interpreted and applied in accordance with the international conventions binding the Country, in particular the Istanbul Convention, and cannot be considered to justify non-compliance with the obligations arising from them."

We believe that you share our strong concern for all the children and women who will be affected by this bill should it become law in Greece, and that you, like us, will prioritize the safety and well-being of all children and mothers experiencing domestic violence.

We call on you to withdraw the Bill and to require the Minister of Justice to initiate an open and substantive consultation with all relevant bodies, including NGOs and women's organizations.

Sincerely,

Signatory organizations

1. A.L.E.G. Romania
2. AC Vive Zene Bosnia and Herzegovina
3. Alliance of Women in Slovakia Slovensko
4. Asociación AMIGA por los derechos humanos de las mujeres Spain
5. Asociatia Casa Ioana Romania
6. Aspacia Foundation Spain
7. Associació Helia Spain
8. Associatio for Nonviolent Communication Slovenija
9. Association des Femmes de l'Europe Meridionale (AFEM) Europe OING dotée de statut participatif auprès du Conseil de l'Europe
10. Association française des femmes diplômées des universités France
11. Associazione Toponomastica femminile Italia
12. Bounds (UMAR) Portugal
13. Ca la dona Spain
14. Centre for Research and Action on Peace (KEDE) Women's Organization – ΚΕΔΕ Κέντρο Έρευνας και Δράσεις για την Ειρήνη, Greece
15. Community Safety and Mediation Center Romania
16. Conexus Association Spain
17. Counselling Line for Men and Boys Albania
18. Counselling Line for Women and Girls (National Helpline 116117) Albania
19. Creación Positiva Spain
20. Cultural-Humanitarian Fund "Sukhumi" Georgia
21. Dissens – Institute for Education and Research e.V. Germany
22. Dziewuchy Berlin Germany
23. ECICW – European Centre of the International Council of Women Europe
24. Encore féministes ! France
25. European Alternatives France
26. European Anti-Violence Network Greece
27. European Network of Women – Greece
28. Feminist Collectivity Theodora Greece
29. Fundació Aroa (Aroa Foundation) Spain
30. Garance ASBL Belgium
31. Gender studies center, Panteion University, Greece
32. Gender Studies Research Group – University of Balearic Islands Spain
33. ICBT – Institute of Cognitive Behavioral Therapy Albania
34. In Bona Fide Croatia
35. International Council of Polish Women Poland
36. Maghweb Italy
37. Marche mondiale des femmes /Suisse Suisse
38. Mediterranean Institute of Gender Studies Cyprus
39. Munincipality of Agios Dimitrios – Attica Greece
40. Necuvinte Association Romania
41. Network Forum Malta
42. Observatori d'Igualtat de Tracte i Oportunitats Spain
43. Partito della Rifondazione Comunista Italia
44. positive change service United Kingdom
45. Public Union "Clean World" AID to Women Azerbaijan
46. Respect United Kingdom
47. Romanian Women's Lobby Romania
48. Romski centar za žene i decu Serbia
49. Scottish Rural Action Scotland
50. Sisters Uncut Manchester United Kingdom
51. Sitges Voluntaris Socials Spain
52. Social Intervention for West Athens _Citizens' Initiative Greece
53. StoP – Stadtteile ohne Partnergewalt e.V./Prof. Dr. Sabine
54. Stövesand Germany
55. The Drive Partnership UK
56. The European Network of work with perpetrators WWP EN Germany
57. The Healing Tree community for Mental Health (Koin.S.Ep/Social Enterprise) Greece
58. The House of Women for Empowerement & Emancipation (The House of Women, for Empowerment & Emancipation) Greece
59. "TOMOV" Women's rights association Greece
60. Toutes Aux Frontières /groupe suisse Suisse
61. UMAR – União de Mulheres Alternativa e Resposta (Women's Association) Portugal
62. Una Casa per l'Uomo Italia
63. Union of Women Associations of Heraklion Prefect – Union of Women's Associations of Heraklion & Heraklion Prefecture Greece
64. Unizon Sweden
65. WAVE Network Europe
66. Women Center "Light Steps" Albania
67. Women's Law Center Republic of Moldova
68. Women's Aid Federation of England United Kingdom
69. Women's Law Center Republic of Moldova
70. Women's Support and Information Centre NPO Estonia
71. Xarxa Europea d Dones Periodistes Spain
72. YWCA of Greece (XEN Greece) Greece
73. Zéromacho – des hommes contre la prostitution et pour l'égalité France
74. Zukunftskonvent Germany Germany
75. Equality Secretariat of OTOE Greece
76. Municipality of Metamorfosi Greece
77. Union of American Women in Greece, Greece
78. Thryallida Association for Social and Cultural Intervention, Greece
79. Diotima Center Greece
80. Women's Counselling Support Center of the Municipality of Veria, Greece
81. Women's Shelter of the Municipality of Lamia, Greece