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After several delays, and having to be deposited in the drawer on several occasions, the Council of Ministers has approved the preliminary draft of the Law for the Protection of Children and Adolescents. A regulation of 58 articles that among the novelties that it includes includes a reform of the Penal Code, one more, to establish a new regulation of hate crimes that includes aporophobia -phobia of poor or disadvantaged people- and exclusion social within these criminal types.

This new regulation that is set for the purpose of "guaranteeing the fundamental rights of children and adolescents to their physical, mental, psychological and moral integrity against any form of violence" introduces among its new features a new regulation on hate crimes, incorporating age as a cause of discrimination, both for children and adolescents, as well as for the elderly and including aporophobia and social exclusion within these criminal types.

Thus, article 22 of the Penal Code is amended , which includes the aggravating circumstances to include these new crimes, as well as 510, among others, to establish aporophobia and social exclusion as two crimes to take into account when establishing prison terms and fines. Given this circumstance, the Ministry of Justice , in addition to those of the Interior and Education , has been required to intervene in the drafting of the regulations.

This decision of the Government underlies, as motivated in the preliminary draft, that aporophobia "responds to a social phenomenon in which criminal behavior underlies the rejection, aversion or contempt of poor people, being a reason expressly mentioned in the article 21 of the Charter of Fundamental Rights of the European Union ".

As early as 2016, the Office of the Prosecutor's Report proposed the need for an amendment to the Penal Code aimed at aggravating the penalties that should be imposed on those who act against their victims due to their socioeconomic situation.

This new regulation, which practically in its entirety was outlined in the previous PSOE government and which the coalition has now rescued, makes mandatory the imposition of the penalty of deprivation of parental authority on those convicted of homicide or murder in two situations : when the author and the victim had a son or daughter in common and when the victim was the author's son or daughter.

"A macho murderer can never be a good father and cannot have the right to parental authority. Until now it was up to the judge, now that possibility is eliminated," said Pablo Iglesias, after the press conference of the Council of Ministers.

The murderers, without parental authority

The regulation understands violence as any action, omission or negligent treatment that deprives minors of their rights and well-being, that threatens or interferes with their orderly physical, psychological or social development, regardless of their form and means of commission, including that carried out through information and communication technologies, especially digital violence.

Other novelties, some already advanced by this newspaper, require that protection centers must have action protocols for prevention, early detection and intervention against situations of violence covered by this law. "Protocols that specifically contemplate actions regarding human trafficking, abuse and sexual exploitation of minors subject to protective measures and residing in said centers."

A decision that refers to the controversy over the scandal of child abuse supervised by the Administration in the Balearic Islands. A situation on which the Podemos ministers at all times avoided ruling, claiming that it was a judicialized case, but that, nevertheless, the purple formation together with the PSOE and Més , who rule together in the Balearic Islands , voted against the creation of a commission of inquiry in the Parliament.

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