CEDAW/C/58/D/47/2012
6.3 In the light of the circumstances, the decree of separation, issued on
27 November 2001, assigned guardianship and custody to the mother and
provided for continued exercise of joint parental authority. In the months that
followed, after observation of father-daughter relations, a report was requested
from social services on how well the visits had gone and whether it was
advisable to move on to the second system provided for in the decision
(unsupervised visits). The report stated that although the father was very
insistent and dominant in his relationship with his daughter, not adapting well to
her age, there was nothing unusual about the father-daughter relationship. In the
light of that report, on 6 May 2002, the court considered that there was no
reason to prevent starting the second visitation scheme. The author appealed this
decision but the court maintained it. However, the court determined that the
decision was not irrevocable and would be reconsidered if there were signs of
harm to the child. At the court’s request, social services issued a new report on
3 December 2002 which concluded that “there was satisfactory psychosocial
development in the child”; that “it was important to bear in mind the child’s wish,
for the moment, not to spend more time with the father than that allocated in the
visit scheme”; and that “it was felt necessary to maintain continuous monitoring
of the visit regime”. In the light of this report, the office of the Attorney General
considered that the time had not yet come to transition to an overnight regime.
In a new report, on 8 January 2003, it was decided to continue the existing
regime. On 13 February 2003, the court decided to continue the existing visit
scheme and adopted measures for garnishment of the father’s wages.
6.4 The authorities did not act negligently and the events can only be attributed
to F.R.C. The decision of the High Court expresses the view of the Government
and also firmly makes clear that the procedural approach followed by the author
was inadequate, that the judicial organ which dealt with the separation
considered the concurrent circumstances and psychological reports and adopted
decisions on care and guardianship of the child and on the visit scheme, opting
for a gradual and very detailed scheme with different stages through which the
father-daughter relationship might go. In May 2002, by judicial decision,
supervised visits were replaced by unsupervised visits. This regime was
maintained for several months, during which it was continuously monitored and
positive reports were issued. It was even contemplated to move on to a broader
system of visits, without any perceived danger to the child, until, in the
afternoon of 24 April 2003, the father murdered her.
6.5 Despite the complex family context and the deadly conclusion, there is not
the slightest clue among the exhaustive psychological reports and the reports of
each and every one of the supervised visits that there existed a danger to the life
or physical or mental health of the child. There was never a moment in which
the child was not being monitored and watched over by the social services under
the court, always working in her interest. Nothing in her immediate setting could
have foreshadowed the dramatic reaction of F.R.C. The weapon in his
possession was illegal, since he did not have a weapons licence, nor was he
known to be a gun enthusiast.
6.6 With regard to the author’s complaints of a general character, under articles
2, 5 and 16 of the Convention relating to structural questions concerning
discrimination against women in Spain, the State party rejects the author’s
assertions that at the time of the events there was in Spain no defence against
gender violence and that discriminatory practices, actions and stereotypes
prevailed on an institutional and judicial scale. The State party provides a list of
actions undertaken to eradicate all forms of discrimination against women since
1987, including the Comprehensive Plans of Action against Domestic Violence I
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