Parental Alienation Syndrome (PAS). Psychological and legal implications
Introduction The first definition of PAS, enunciated by Richard Gardner in 1985, refers to a disorder originating in the context of legal conflicts related to child custody. Its main characteristic would be a smear campaign by the child towards a parent, in the absence of plausible arguments. In th...
| Main Authors: | , , , , , , |
|---|---|
| Format: | Article |
| Language: | English |
| Published: |
Cambridge University Press
2023-03-01
|
| Series: | European Psychiatry |
| Online Access: | https://www.cambridge.org/core/product/identifier/S0924933823015304/type/journal_article |
| _version_ | 1797616729402114048 |
|---|---|
| author | M. Arrieta Pey S. Rubio Corgo A. Álvarez Astorga A. M. Delgado Campos C. Díaz Gordillo A. C. Castro Ibáñez M. Á. Álvarez de Mon González |
| author_facet | M. Arrieta Pey S. Rubio Corgo A. Álvarez Astorga A. M. Delgado Campos C. Díaz Gordillo A. C. Castro Ibáñez M. Á. Álvarez de Mon González |
| author_sort | M. Arrieta Pey |
| collection | DOAJ |
| description |
Introduction
The first definition of PAS, enunciated by Richard Gardner in 1985, refers to a disorder originating in the context of legal conflicts related to child custody. Its main characteristic would be a smear campaign by the child towards a parent, in the absence of plausible arguments. In this context, the child would experience an oppositional and dichotomous feeling towards his or her parents. In recent years, the presence of PAS has become increasingly important, both in the legal and health fields, largely due to the controversy and debate surrounding its approval and recognition, and there is currently no consensus on the matter.
Objectives
The main objective of this work is to examine the current state of PAS in depth in the different fields in which it is emerging: the medical-scientific and legal spheres. The current controversies and debate, both scientific and legal, will be developed. Research will be carried out on the origin of the concept and its evolution, its symptomatic presentation, the neuropsychological consequences in minors, the role and legal value of expert reports, as well as the existing evaluation methods for the assessment of PAS.
Methods
An extensive literature review was carried out on the subject in question, extracting information mainly from scientific articles, but also from legislative documents, manuals and books.
Results
There are currently no specific laws regulating PAS in European countries. According to Article 10.2 of the Spanish Constitution, norms related to fundamental rights shall be interpreted according to the Universal Declaration of Human Rights. As a direct consequence of the chronic psychological stresses experienced by children, adaptive disorders may appear, often characterised by symptoms of anxiety and depression. In addition, a multitude of neuropsychological consequences have been observed not only in the affected child, but also in the adult he or she will become.
Conclusions
Currently, there is a fervent debate about the validity and recognition of PAS as a diagnostic entity, spanning different disciplines, ranging from health to social and legal. In Europe, professionals in the scientific field have not reached an agreement regarding the approval of PAS. On the one hand, there are those for whom PAS is a verified phenomenon; on the other hand, there are those who flatly reject the existence of this phenomenon. The latter consider PAS an unscientific construct, referring to it as “court syndrome” or “patriarchal alienation syndrome”.
Disclosure of Interest
None Declared |
| first_indexed | 2024-03-11T07:45:28Z |
| format | Article |
| id | doaj.art-93a7402697c440b582e782988b36d0bd |
| institution | Directory Open Access Journal |
| issn | 0924-9338 1778-3585 |
| language | English |
| last_indexed | 2024-03-11T07:45:28Z |
| publishDate | 2023-03-01 |
| publisher | Cambridge University Press |
| record_format | Article |
| series | European Psychiatry |
| spelling | doaj.art-93a7402697c440b582e782988b36d0bd2023-11-17T05:07:43ZengCambridge University PressEuropean Psychiatry0924-93381778-35852023-03-0166S729S73010.1192/j.eurpsy.2023.1530Parental Alienation Syndrome (PAS). Psychological and legal implicationsM. Arrieta Pey0S. Rubio Corgo1A. Álvarez Astorga2A. M. Delgado Campos3C. Díaz Gordillo4A. C. Castro Ibáñez5M. Á. Álvarez de Mon González6Psiquiatria Infanto-JuvenilPsiquiatria Infanto-JuvenilPsiquiatria Infanto-JuvenilPsiquiatria Infanto-JuvenilPsiquiatria Infanto-JuvenilPsiquiatria Infanto-JuvenilPsiquiatria, Hospital Universitario Infanta Leonor, Madrid, Spain Introduction The first definition of PAS, enunciated by Richard Gardner in 1985, refers to a disorder originating in the context of legal conflicts related to child custody. Its main characteristic would be a smear campaign by the child towards a parent, in the absence of plausible arguments. In this context, the child would experience an oppositional and dichotomous feeling towards his or her parents. In recent years, the presence of PAS has become increasingly important, both in the legal and health fields, largely due to the controversy and debate surrounding its approval and recognition, and there is currently no consensus on the matter. Objectives The main objective of this work is to examine the current state of PAS in depth in the different fields in which it is emerging: the medical-scientific and legal spheres. The current controversies and debate, both scientific and legal, will be developed. Research will be carried out on the origin of the concept and its evolution, its symptomatic presentation, the neuropsychological consequences in minors, the role and legal value of expert reports, as well as the existing evaluation methods for the assessment of PAS. Methods An extensive literature review was carried out on the subject in question, extracting information mainly from scientific articles, but also from legislative documents, manuals and books. Results There are currently no specific laws regulating PAS in European countries. According to Article 10.2 of the Spanish Constitution, norms related to fundamental rights shall be interpreted according to the Universal Declaration of Human Rights. As a direct consequence of the chronic psychological stresses experienced by children, adaptive disorders may appear, often characterised by symptoms of anxiety and depression. In addition, a multitude of neuropsychological consequences have been observed not only in the affected child, but also in the adult he or she will become. Conclusions Currently, there is a fervent debate about the validity and recognition of PAS as a diagnostic entity, spanning different disciplines, ranging from health to social and legal. In Europe, professionals in the scientific field have not reached an agreement regarding the approval of PAS. On the one hand, there are those for whom PAS is a verified phenomenon; on the other hand, there are those who flatly reject the existence of this phenomenon. The latter consider PAS an unscientific construct, referring to it as “court syndrome” or “patriarchal alienation syndrome”. Disclosure of Interest None Declaredhttps://www.cambridge.org/core/product/identifier/S0924933823015304/type/journal_article |
| spellingShingle | M. Arrieta Pey S. Rubio Corgo A. Álvarez Astorga A. M. Delgado Campos C. Díaz Gordillo A. C. Castro Ibáñez M. Á. Álvarez de Mon González Parental Alienation Syndrome (PAS). Psychological and legal implications European Psychiatry |
| title | Parental Alienation Syndrome (PAS). Psychological and legal implications |
| title_full | Parental Alienation Syndrome (PAS). Psychological and legal implications |
| title_fullStr | Parental Alienation Syndrome (PAS). Psychological and legal implications |
| title_full_unstemmed | Parental Alienation Syndrome (PAS). Psychological and legal implications |
| title_short | Parental Alienation Syndrome (PAS). Psychological and legal implications |
| title_sort | parental alienation syndrome pas psychological and legal implications |
| url | https://www.cambridge.org/core/product/identifier/S0924933823015304/type/journal_article |
| work_keys_str_mv | AT marrietapey parentalalienationsyndromepaspsychologicalandlegalimplications AT srubiocorgo parentalalienationsyndromepaspsychologicalandlegalimplications AT aalvarezastorga parentalalienationsyndromepaspsychologicalandlegalimplications AT amdelgadocampos parentalalienationsyndromepaspsychologicalandlegalimplications AT cdiazgordillo parentalalienationsyndromepaspsychologicalandlegalimplications AT accastroibanez parentalalienationsyndromepaspsychologicalandlegalimplications AT maalvarezdemongonzalez parentalalienationsyndromepaspsychologicalandlegalimplications |