A NEW child protection law named after a British musician living in Spain has been approved in Congress and is set to be signed off by the Council of Ministers on Tuesday, June 8.
Not everyone's childhood is as idyllic as this picture suggests, but Spain's new ‘Rhodes Law’ aims to protect youngsters from physical and mental trauma
North Londoner and classical pianist James Rhodes' input was sought in drawing up the 58 articles of the legislation which had been one of former deputy president Pablo Iglesias' key projects during his time in national government.
Rhodes, 45, one of several high-profile Brits in Spain who announced their intentions of taking Spanish citizenship in the wake of Brexit - although he has to wait another six years to qualify - was abused as a child, leaving him with PTSD as an adult, but never gained closure or justice because the PE teacher accused of the crimes died before he came to trial.
One of the features in the 'Rhodes Law' is that time will not begin to run under Spain's statute of limitations on any violent crimes against children until the victim turns 30, given that the vast majority of abuse cases do not come to light until those affected are in adulthood, understand the nature and quality of their ordeal, and feel able to acknowledge what they went through – to themselves before anyone else.
This has meant that, in the past, historic abuse cases ended up being time-barred and the perpetrators immune to any punishment at law.
As well as giving young victims time, the 'Rhodes Law' establishes set procedures for prevention, family support, social services, healthcare, public regulation, the justice system, social media, and actions to be taken at school level.
Responsibility to 'report immediately'
It could help prevent cases such as those of 12-year-old Asunta Basterra Porto, the gifted Galicia youngster adopted from China as a baby whose parents 'trialled' her murder over several months by administering her massive quantities of ground-up sleeping pills.
The court found that the little girl had missed extra-curricular classes through being 'wiped out due to her hayfever medication', in the words of her mother, Rosario Porto, and that she had attended music lessons 'dopey and confused' and repeating insistently that she did not have hayfever and her parents 'were trying to kill her' with 'white powder that sent her to sleep'.
The adults outside the home who were involved with Asunta did not raise the alarm at any point, since she 'came from a good family' and it 'did not occur to them'.
Rosario Porto and Alfonso Basterra were sentenced to 20 years' imprisonment after the schoolgirl's body was found in a woods, although a few months back, Porto hanged herself in her cell.
Now, the 'Rhodes Law' means anyone, and in particular adults who work with children, are legally required to report any signs or suspicions of violence or non-physically violent abuse against children under 18.
Schools are required to have systems in place to detect bullying, physical or psychological, including cyber-bullying, sexual harassment, gender violence, self-harming, suicidal ideation, or any other potentially harmful signs or situations that could affect a minor's long-term or immediate wellbeing.
All children and teenagers have the right to obtain information tailored to their personal situation and level of maturity about violence and abuse, and all victims must be given advice, support and counselling, plus medical attention if necessary, free of charge.
They are also permitted by law to attend court hearings in person if they wish, but in the case of a child under 14 or a minor with a disability who needs to testify in order for justice to be brought, they will only be obliged to do so once.
Judges, prosecutors and other court workers must be specially trained in dealing with child victims and police and other security forces are required to have specialist units for prevention, detection and assistance in the case of any form of harm brought to minors through deliberate acts or omissions.
Custody and domestic violence
As well as toughening up conditions for prisoners to be granted Category D status – where they are given regular 'leave' licences – if they are convicted of sexual offences against children under 16, the 'Rhodes Law' will automatically ban a murderer from having custody or access to any child they have in common with their victim, or in attempted murder cases, where the intended victim was their own child.
James Rhodes is a London-born classical pianist who has lived in Madrid since 2017 and wants to take Spanish citizenship - he was diagnosed with PTSD in adulthood due to sex abuse as a child, and gave his input to the new legislation (photo: Wikimedia Commons)
In the case of child murder, the killer will not be permitted access to or custody of any of his or her other offspring if they are under 18.
Mental and physical abuse or ill-treatment, negligence or neglect, or exploitation and trafficking will see much tougher penalties.
These abuses include hate crime and hate speech and discrimination, including what is known as 'aporophobia', or an irrational hatred of or discrimination against people in poverty.
Child abduction
'Abduction' of a child now extends to include as perpetrators the parent or guardian the young person lives with, not just a parent or guardian who has access to or partial custody of them, rather than, as has currently been the case, this only being considered a criminal offence if the children are 'abducted' by a parent they do not live with.
'Abduction' already includes a parent with access or partial custody refusing or neglecting to 'return' the child to his or her full-time legal caregiver, but is now also the case where the parent who resides with the child deliberately fails to allow access lawfully granted to the other parent.
Promoting 'proper' upbringing
The 'Rhodes Law' seeks to promote and support the family's efforts in raising a child, by encouraging and educating in 'good treatment, positive parenting, acquisition of emotional competence, negotiation and conflict resolution' based upon 'the situation and needs of the parents or legal guardians'.
A child support coordinator must be in place in schools and in any other premises working with children, such as sports centres or extra-curricular lesson centres, to detect and help prevent any possible trauma at the hands of families, classmates or strangers.
At the beginning of every school year, all children must be given full explanations as to how to proceed if they or any other child they know are victims of violence or abuse, and informed of helplines they can ring.
Data and image protection
Advertising content is limited and cannot be broadcast in any format to children where its characteristics could spark 'violent conduct' or which include 'sexist, racist, aesthetic, transphobic or homophobic stereotypes', and children have the right to maintain privacy in terms of their personal data and image.
Spain's Data Protection Agency will set up specific channels guaranteeing the integrity and privacy of children's personal information, and to ensure any internet content which supposes a 'serious breach' of these be withdrawn immediately.
