Today, the voices of women and children remain within a culture that delegitimizes their voices, silencing their experiences, within a system aimed at minimizing or ignoring their basic rights and needs. A media example of this problem is the case of Juana Rivas, but her story is only one of the many that reflect this reality. Similar cases, starring "Juana," "Gabriel" and "Daniel," are repeated throughout Europe and also in Euskal Herria, leaving millions of children unprotected, with the excuse of prioritizing the rights of parents. In particular, the implementation of shared care without a thorough and exhaustive study of each case may harm the best interests of the child.

The judicial system and institutions responsible for the protection of children, rather than listening to and taking into account allegations of abuse, disqualify children ' s experiences and concerns and regard them as threats, rather than as advocates of the well-being of children. This is a form of institutional violence that, in addition to diverting attention from the protection of children, revictimizes women. These are sometimes faced with an institutional machinery that perpetuates a cycle of oppression and pain, as demonstrated by recent studies at Oxford University (Choudhry, 2021).

A very clear example of this dynamic is the use in courts of the controversial Parental Alienation Syndrome. This concept lacks scientific support and has been discarded by prestigious entities such as the American Psychological Association (APA, 2018), the Spanish Association of Neuropsychiatry (AEN, 2010) and the General Council of the Judiciary (CGPJ, 2013), which explicitly recommended that judges avoid its application. However, the SAP was applied to the arratian Irune Costumero and Gasteiztarra Inma Fuentes, as well as to other Basque mothers who for different reasons do not want to make their cases public. This application is used to delegitimize allegations of abuse in some procedures, and systematic revictimization is channeled. Thus, it profoundly affects the mental and physical health of mothers and children; it produces cancer, autoimmune diseases or suicides (Dalgarno, et.al.2024), which submits them to an asymmetrical and abusive power relationship (Complutense University of Madrid, 2022).

The Spanish State has introduced in its legislation an explicit warning against the use of the SAP or any kind of pseudo-doping science in judicial proceedings through the Organic Law for the Protection of Children and Adolescents from Violence (2021). However, the results of this measure remain limited. And some lawyers have warned that they continue to apply the SAP with other nomenclatures such as instrumentalization or morbid accountability.

However, according to recent data, three years after the entry into force of this law, the courts have only suspended visits in 12.75 per cent of cases in which parents are involved in violent proceedings, despite the fact that the regulations require the suspension of such visits in these circumstances.

The lack of effective enforcement of legal provisions highlights the need for structural change which, in addition to perpetuating the lack of protection of minors, prioritizes their best interests and ensures adequate responses. To this end, it is essential to create specialized Courts for children, equipped with multidisciplinary groups formed in approaches sensitive to children's rights, gender perspective and trauma.

All institutional and social actors involved in children should also receive compulsory training based on these approaches. This, in addition to improving the implementation of the Organic Law on the Protection of Children and Adolescents from Violence (LOPIVI), will ensure more effective responses to cases of abuse or violence. In addition, to ensure compliance with LOPIVI, it is necessary to establish regular assessments of judicial and institutional proceedings, establishing clear indicators on the effective protection of minors and the capacity of the professionals involved. Only with the right means, continuous monitoring and real commitment can a system be built that genuinely protects the rights of children.

Oihane Artetxe, UPV/EHU researcher