Petición dirigida a:
European Parliament (Committee on Petitions)
Official Case Reference: This campaign is launched in direct support of registered Petition 1238/2026 currently before the European Parliament.
Petition 1238/2026
Can a simple verbal accusation instantly strip away your human rights and permanently tear your children away from you? In Spain, the answer is a terrifying yes.
While Spain publicly boasts about its progressive Organic Law 1/2004 on Integrated Protection Measures against Gender Violence, an official, written state directive has exposed a dark, hidden reality behind this institutional smokescreen.
In Decree 0000017/2025, high-ranking Spanish prosecution authorities have recently officially codified that human rights, constitutional guarantees, and fair-trial protections under Article 6 of the ECHR do not apply during pre-trial gender violence investigations.
This creates an unaccountable conveyor belt of family destruction. By declaring this prosecutor's decree completely "unappealable," the state insulates its own prosecution hierarchy from immediate accountability.
The result? Blanket child-parent contact bans are immediately imposed on innocent children and parents, forcing the psychological trauma of separation onto thousands of European children—all within a specialised system where 73% to 77% of all cases are ultimately dropped and dismissed due to a total lack of evidence, years later.
This is not a theoretical debate; it is an active violation of Article 6 and 8 of the ECHR and a complete betrayal of the UN Universal Declaration of Human Rights.
Organic Law 1/2004 (LIVG) article 44 strips any family law matter away from Family Courts and places the matter before Spain's Court's of Violence against Women which as the RAW EVIDENCE shows operate as prosecutorial courts focused on denying the 'Presumption of innocence', the 'Principle of proportionality' and the 'Principle of Impartiality', applying a 'one size fits all' complete separation of children from their fathers and no re-connection after a delayed acquittal.
This law is encouraging an explosive rise in false accusations of Gender violence to 'exploit the argument of abuse' and misappropriation of public funds on spurious criminal proceedings that are resulting in the eventual exoneration of 73% to 77% of men who are accused. This is the scholarly legal analysis written by criminal law expert and professor Dr. José María de Pablo Muñoz, published via the Universidad Autónoma de Madrid (UAM) Legal Blog
The state of Spain tries to hide this behind statistical deception by claiming the official conviction rate based on only cases that are escalated by the Courts of Violence Against Women to a formal trial court.
Throughout these criminal proceedings and Family Court proceedings, all children in Spain are denied the right to their own legal counsel to protect and safeguard their own fundamental rights. Under the restrictions of Article 154 of the Spanish Civil Code, minors lack independent legal standing, placing children in Spain at a clear disadvantage compared to other European systems where children are appointed their own independent legal counsel. The baseline structural absence of child-directed counsel is documented in the European e-Justice Portal Review on Spanish Court Proceedings.
Furthermore, the landmark judgment of Haddad vs. Spain 2019 (ECtHR) legally proved that Spain's judicial handling of these disputes systematically violates fundamental human rights, yet it had no effect on the underlying procedural laws that continue to deny children their independent voice.
We demand an immediate investigation by the European Parliament.
Razones.
This petition is vital because it exposes an institutional deception by the Kingdom of Spain that is systematically violating European human rights and directly contravening the EU Charter of Fundamental Rights. The Spanish government uses national guidelines like Circular 2/2022 as an international smokescreen to fake compliance with the European Convention on Human Rights, while quietly behind closed doors operating a parallel system that suspends fair-trial guarantees on the ground.
We have captured the "smoking gun" proof of this betrayal in Decree 0000017/2025, where the high-ranking state prosecution hierarchy (Lieutenant Prosecutor Don José Rogelio Muñoz Oya and Superior Prosecutor Doña Ana Tárrago Ruiz) officially codified this terrifying doctrine in writing:
"El principio de imparcialidad afecta más a la fase enjuiciamiento que a la fase de instrucción e investigación de los hechos, por lo que no se puede hablar de la violación del artículo 24.2 de la CE ni del artículo 6 del CEDH..."
"The principle of impartiality impacts the sentencing phase significantly more than the investigative/instruction phase, meaning it is not possible to claim a violation of Article 24.2 of the Spanish Constitution or Article 6 of the ECHR during pre-trial acts..."
By declaring that fundamental human rights do not exist during pre-trial acts, Spain has built a weaponised legal conveyor belt under Article 44 of Organic Law 1/2004.
A single, unproven verbal accusation can instantly strip away the 'presumption of innocence', bypass the 'Principle of Proportionality', and enforce a "one-size-fits-all" forced separation of innocent children from their fathers.
We must expose this smokescreen immediately to halt this state-inflicted trauma, protect children in Spain, and encourage the European Parliament to hold Spain accountable to its treaty obligations.
There are millions of victims of these criminal laws in Spain (including me)