Child Custody Domestic Violence False Allegations Istanbul Convention Law & Justice Legal



D. Jesús Muñoz

Dª María Legaz

National Association for Assistance to Victims of Domestic Violence (Asociacion Nacional de Ayuda a Victimas de Ayuda de Violencia Doméstica)

24 January 2023

The passage of the LIVG, the comprehensive law against gender-based violence, in Spain in 2004 has led to the violation of the fundamental rights of all heterosexual citizens, especially loss of the “presumption of innocence.”

The socialist party, from which this ideology of copyright criminal law
originated, had on the table, according to public statements by one of its proponents, safeguarding the protection of victims or the presumption of innocence. They opted for the protection of victims, destroying the “presumption of innocence” for hundreds of thousands of men in the past 18 years.

The gender violence law is based on the study of the Minneapolis mandatory arrest law.

From 2004 to 2022, there have been more than 2,260,000 judicial
proceedings, with more than 1,705,000 defendants ending up being declared innocent. This means that innocent people have been prosecuted with public money, depriving them of their liberty. By applying Article 544 TER of the Ley de Enjuiciamiento Criminal, they have been separated from their children, with jail detentions of 24 and 72 hours. These detentions normally take place on weekends, beginning on Fridays, so the man spends the whole weekend in a jail with deplorable hygienic conditions. The man is in a state of shock, not knowing why he has been deprived of liberty, expelled from his house with only what he was wearing. and deprived of his children’s visitation regime.

An average of more than 455 men are arrested every day in Spain for allegations of gender violence, based solely on the word of a woman. An average of 160,000 men are prosecuted each year as terrorists. Year after year, it has been shown that more than 80% of them, who have been deprived of their liberty, are declared innocent, according to data from the General Council of the Judiciary.

Hundreds of billions of euros are spent in Spain, coming from the European Union, squandered by political parties. As an example, between 2014 and 2016 the Junta de Andalucía spent a whopping sum of more than of 66,000 millions of euros.

The European Union allocates €366 billion a year to addressing gender violence. None of these grants are audited.

An estimation of the costs of gender violence in the EU, according to a study carried out by the United Kingdom, estimated that Spain received from more than 24,000 million euros in 2012. With these funds, networks of feminist associations related to political parties have been created, which obtain economic revenue through their gender ideology.

The Spanish gender violence law is based on author’s criminal law, as
stated on page 92 and 93 of the CGPJ’s, LIVG draft report and
Constitutional Court Judgment 59/2008, dated July 4. The Particular
vote of five magistrates, including Judge Jorge Rodríguez Zapata, states
in writing, on folio 25 of the sentences, that this law would make the
dreams of Edmund Mezger, German jurist from Nazi Germany, come true.

He writes in the seventh paragraph:

“Finally, I express my wish that this Judgment not to be the
beginning in our order of the fulfillment of Mezger’s dream: two
Criminal Laws; a criminal law for the generality, in which, in essence, the principles that have governed up to now will remain in force. And, along with it, a completely different criminal law, for special groups of certain people. I leave a record of my position in this Vote.
In Madrid, on May fourteenth, two thousand and eight. Jorge
Rodriguez Zapata Perez. -Signed”.

In addition to this, a renowned member of the Socialist party and expresident of the Spanish Government, Alfonso Guerra, publicly declared that he spoke with an acquaintance of his, who had been the president of the Constitutional Court in 2004, who confirmed to him that the seven magistrates who approved the unconstitutional law, that they did so under pressure from feminist lobbies, and from the socialist party of José Luis Rodríguez Zapatero:

Alfonso Guerra reveals the pressure on the TC on the LIVG.

In Spain we are suffering from what Poland and Hungary already warned about, which is why they withdrew from the Istanbul Agreement.

If we add to this, that the socialist government subsidized women’s allegations with public money, since the higher the number of allegations, the more women are declared mistreated and the more
money the feminist associations receive. So says the BOE of 2005, Number 215 on page 30453.

Currently, in addition to all of the overhead, a lot of women in a divorce or children custody proceeding, profit from Articles 92.7 and 94 of the Civil Code. These women use the gender violence law so that fathers cannot fight for joint child custody. And with article 94, during the investigation and judicial process, the man is deprived of child visitation rights, despite the fact that 80% of them are eventually declared to be innocent. You can imagine the ordeal they suffer, when one to five years can pass without being able to see their children.

ANAVID asks that all of these discriminatory laws, which violate constitutional, fundamental and human rights, be repealed. These laws are destroying the lives of men, children, and entire families, and are not protecting the truly mistreated women. We demand laws that protect and punish all people equally, regardless of sex, age, ethnicity or sexual orientation.

Furthermore, we ask that any person declared innocent, that had been
deprived of their liberty to be compensated with €600 per day and for
those who have suffered a restraining order being found innocent, we ask for a compensation of €110 per day.

Note: The original Spanish version of this statement is available on the ANAVID website.

Istanbul Convention

Istanbul Convention, Gender, and State Silence

Istanbul Convention, Gender, and State Silence

David Walsh

December 30, 2022

The Istanbul Convention is back in the news. On Wednesday, the Swiss government rejected the idea of introducing a third-gender or no-gender option for official records (1). The promotion of gender ideology is a key element of the hotly debated Istanbul Convention.

Due to the refusal of six states to ratify the IC, the EU Commission is preparing to adopt a Directive which would be legally binding on member states. It has drafted a document which is now in the process of being considered by the Parliament, after which it will be put before the EU Council for final implementation (2).

This will bring to a head once again the sovereignty issue: Whether national law or EU law takes precedence when there is a conflict.

It unexpectedly brings together two issues important to the EU: Hate speech laws (3) and gender ideology, which Bulgaria identified as an element of the Convention.

It is likely that the Directive will require citizens who criticise gender ideology to be charged under hate speech laws.

In Bulgaria, the Constitutional Court declared the Convention incompatible with the Fundamental Law due to its understanding of gender as a fluid construct, dependent on subjective feelings (4).

And all of this is proceeding with  almost no discussion. Indeed, the citizens of most member states are entirely unaware that this is happening behind their backs, so little of these deliberations is making it into the media. Normally the EU Parliament gets little attention in national media, but in recent weeks, a corruption scandal has engulfed the Parliament and a vice-president is now in jail together with several associates, a scandal at the worst possible moment (5).

There are momentous issues at stake as the Bulgarian Constitutional Court determined; the focus on gender ideology has infuriated EU officials and brought accusations of disinformation (6).

Not all EU countries have provided for gender self-identification; in some places such as Ireland, it was imported by stealth and the pitfalls of this legislation are now becoming clearer as is the introduction of gender ideology in primary schools.

And so the Commission continues on the well-established path of keeping citizens in the dark, a pattern of behaviour well known as the “democratic deficit.”

When the Istanbul Convention was first introduced for individual states to ratify, a cloak of  secrecy surrounded it.

In neither Ireland or England, was it put before citizens (6); no experts teased out its implications, no legal minds were asked to predict its consequences into the future or whether its provisions would be for good or ill. Consequently very few people are aware of its ramifications.

It all smacks of an attitude towards the public of “we know what is good for you.” And that attitude continues today.


(1) Switzerland rejects idea of a third-gender option in official records.

(2) Draft Report EU Parliament Oct 26 2022:

(3)   which was released in Nov 2020, describes how “hate speech” will be added to the list of “EU crimes”: the Commission will present an initiative in 2021 to extend the list of ‘EU crimes’ to include hate crime and hate speech, including when targeted at LGBTIQ people.”



(6) Draft Report EU Parliament Oct 26, 2022: Par 11

(7)   Oct 26, 2022