A Victory in Chile

Amor de Papá (Father’s Love, www.amordepapa.org), a pro joint custody organization that fights to reform family laws in Chile and to avoid Parental Alienation Syndrome (PAS), has achieved an important victory in court (www.amordepapa.org/declaracion_20090708_David_Abuhadba.php).

Last June 30th of 2009, a Chilean court declared admissible a Motion of Inapplicability for its Unconstitutionality of Article 225 of the Civil Code, submitted by the President of Amor de Papá. This motion requested the court to declare unconstitutional this article, that states on its 1st and 3rd sections that: “If the parents live separated, the personal care of the children will be awarded to the mother", since that precept is considered is contrary to Article 19 No. 2 of the Chilean Constitution, that states that: “Equality before the law. In Chile, there is no privileged person or group. In Chile, there are no slaves and anyone who steps on its territory is free. Men and women are equal before the law. No law or authority could establish arbitrary differences.”

The motion affirms that "the imperative of l article 225 section 1A of the Civil Code results discriminatory regarding men, since for the processes and activities of ‘personal care of the children’, in other words, those processes by which the parent or parents should adopt decisions that allow to secure the best spiritual and material fulfillment possible of the minor, as to secure that children can exercise the essential rights that emanate of human nature (…) it has not been proven, nor determined that women are necessarily in a better position than men or that they have an expertise, abilities, capacities or aptitudes different from other gender to do so.”

David Abuhadba, president of Amor de Papá (see picture), affirmed that “this resolution is historic in Chile. It is the first big step to end the daily violation of the human rights of children and fathers at the family courts of our country.”

The fight for the rights of our children is one that is built day by day, step by step, battle by battle. Victories like these are the ones that will give us the final victory, and the ones that encourage us to keep on fighting.

To the brothers and sisters of Amor de Papá, congratulations for their achievements, that are many already, and a hug in solidarity. Keep on fighting.