The Istanbul Convention, domestic violence legislation and child–parent relations, a case of false friends?

Abstract

Much has been written about the Istanbul Convention and domestic violence. A vast literature also exists on child–parent relations, sometimes described as parental alienation, though the term itself involves a never-ending debate. This article does not seek to debate either the Istanbul Convention or Parental Alienation itself. Rather, it seeks to examine how legislation intended to combat domestic violence can potentially lead perpetrators, including the State itself, to commit some form of domestic violence against, in this case, the least favoured parent. While every legislation has its pros and cons, this article intends to make the case that, in some cases, domestic violence legislation can itself be abused and lead to forms of domestic violence, in particular, psychological violence against some children and some of their parents. The family law of a civilized country should strive to maintain child–parent relationships and repair them when they are broken, for whatever reason. If it does not, or if it fails for any reason, then Article 8 of the ECHR may come into play. A brief case study of the Maltese domestic violence legislation, namely Chapters 581 and 636 of the Laws of Malta, can be provided. Hence, does the Istanbul Convention need reform?