The Advocate Group of the Network D.i.Re he examines the reasons for the opposition to the Pillon Bill and the other bills on separation and entrustment currently under discussion in the Senate Justice Commission, in view of the mobilization on 10 November.
The Pillon bill is a setback for the liberties and civil rights of all and all and in particular for women and children.
- The law proposes a unique, ideal and abstract family, a family that is imposed as a model for every couple with children who separate. Couples will be obliged to regulate every aspect of their life according to rigid and pre-established rules with no space for autonomy and individual specificity.
- It imposes a long and complex path, which multiplies times and costs with the explicit effect of hindering the will of the people who want to separate.
- The DDL Pillon imposes a paternalistic mediation process and certainly not centered on the needs of parents and children.
- This bill not only does not recognize violence, but prevents its emergence with specific strategies: women and minors are blackmailed if they make explicit any reference to violence.
- Finally, this bill pays for profiles of unconstitutionality and openly violates numerous provisions of the Istanbul Convention, the CEDAW Convention with recommendations to the State, the New York Convention on the rights of the child.
Violation of civil rights: The purpose of the bill is to create an obstacle course for women and men to desist from the idea of separating or divorcing.
- Deny access to justice.
- Limit individual freedom.
- It limits the freedom to separate / divorce with the aim of preserving "family unity".
- Limit the freedom to educate children by imposing the figure of the parental coordinator.
- Cancel the evaluation of the interests of minors (parental coordination).
- It imposes a pre-established and compulsory model of regulation valid for all, also ignoring the agreed and dissimilar will of the parties.
Violation of children's rights: Children divided over time, money, affection, treated as an object and not as a subject.
- It prevents the emergence of witnessed violence, which is in fact unrecognized.
- It affects the judge's discretion in listening matters.
- It proposes a punitive perspective towards minors who are limited in the freedom of expression of their feelings in a non-protective and retraumatizing way of listening.
- It forces children to be more with the parent they claim they don't want to be with, effectively gagging them.
- It repeals the art. 570bis of the Criminal Code (Violation of the obligations of family assistance in the event of separation or dissolution of marriage).
- It prevents the direct recovery of credits accrued for the maintenance of minors in the event of default by the obligated parent.
Violation of human rights: Violence against women, the DDL Pillon actually arms violent fathers who will perpetuate their acts against women.
- It favors the use of children to keep women in check.
- It forces women to remain in a state of danger and forces them to deal with their attacker.
- It represents a threat to women who report and who are terrorized with the hypothesis of retaliation on custody and parental responsibility.
- It inserts specific rules that penalize children also through the legislation on protection orders and the further provision, on the subject of protection orders, and of 709 ter (relating to "false" reports).
- Parental alienation coding as a tool to silence women.
- A mere report of the abusive father will be enough to allow the police to enter the house (even in shelters) and take the minor, without any judicial control.
- It reduces the penalty for the crime of ill-treatment and introduces a mild hypothesis and introduces the decriminalization of the obligation to contribute to the maintenance of the spouse.
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