This Tuesday, the Senate analyzed the project of Law of co-responsibility of the upbringing, known as shared custody.
The initiative of the ruling party was approved by 18 votes in 31 legislators and now it must continue with its parliamentary process in the Chamber of Deputies.
Senator from the National Party Carmen Asiaín said that the proposal arose from a popular demand. She added that “fallacies” have been said by some sectors, such as that the project “violates the Code for Children and Adolescents.” In this sense, she said that the proposal modifies the Code in some aspects and that during the last 15 years ten modifications to the Code have been introduced.
The nationalist legislator assured that in relation to the precautionary measures, “the judge maintains all the powers to take the measures that he deems pertinent in each and every one of the cases.”
“Article 85 of the Children and Adolescents Code is not touched, which says that the judge may take all the measures he deems appropriate, so in the face of risk or fear, by ankle brace, restraining order, suspension of the planned regime, and other , that is, if there is a risk of violence or abuse towards the child, custody and visits will be ruled out”, he remarked.
He added that “the best interest of the child is reiterated ad nauseam and is the center of the project.”
Asiaín stated that the child “is not a toy, but rather has rights and the project brings more rights through the figure of the Ombudsman for Children and Adolescents”, which is more guaranteed.
He added that the Association of Magistrates and UNICEF highlighted the empowered figure of the child and adolescent as part of the trial, “that is, they will have the same legal – procedural powers as the parents.”
Violation of rights
For his part, the senator of the Broad Front José Carlos Mahía said that the project is “a very marketing title.”
“It ends up being a violation of rights and a lack of commitment with respect to what Uruguay assumed as a State in international conventions,” said the Frente Amplio parliamentarian.
He indicated that the possibility of establishing a provisional visitation regime for someone accused of gender-based violence (Law 19,580), which the project seeks to conceal, “is rudeness that puts children and public safety at risk.”
Mahía pointed out that the system must be improved, but not by confronting fathers with mothers, which ignores advances in rights, which relativizes possible situations of gender violence and which ignores the boy, girl or adolescent, attacking childhood.
In the same sense, the senator from the Front Amploist Silvia Nane said that it is a bill that “unprotects children and adolescents and that it is contrary to international regulations on the matter.”