Aportes de un derecho comparado, a la problemática del síndrome de alienación parental en Colombia

Abstract

At present there are some types of child abuse, which include physical abuse and psychological abuse; The physical abuse is the most common modality and, in turn, usually leaves visible and easily visible sequels such as bruises and bruises, on the other hand, the psychological abuse is constituted as a type of silent violence, because, unlike physical abuse, this not Causes consequences perceptible by the senses, but if it brings with it negative consequences for the integral development of the minors, these consequences can be in the short, medium or long term depending on the severity of the psychological abuse practiced towards the minors; At this point, speaking of psychological abuse and for the specific case, the problem of the Parental Alienation Syndrome, better known as SAP, will be addressed. The SAP, as far as the legal area is concerned, is not expressly typified in Colombian law, however, within the same can be found some rules that refer to the subject, such is the case of the Political Constitution of Colombia in Article 44 enshrines the fundamental rights of children: life, physical integrity, health and social security, among others. In addition, 18th article of the Children and Adolescents Code includes the right to personal integrity, where Expresses those children and adolescents have the right to be protected from all kinds of actions that cause a deterioration either physical or psychological. On front of the Convention on the Rights of Children, ratified by Colombia through Law 12 of 1991, special protection is granted to minors in the face of domestic mistreatment. However, there is no mention of effective and effective protection against psychological abuse and therefore to the SAP.Due to the above, it is necessary for Colombian legislation to introduce an express regulation on the SAP, taking as a starting point the laws of Brazil and Mexico, with this, it will be easier for the administrator of justice to pronounce and of solutions Appropriate when this problem arises, which has become entrenched with the passage of time and change in society.