Congress has started the process on Tuesday to promote a reform that eliminates some obstacles that orphans due to sexist violence currently find in access to inheritances or compensation that correspond to them. The initiative is taken into consideration at a time when sexist crimes are on the rise that took thousands of women to the streets last Friday and will now continue its parliamentary process. In practice, it is the first step for the law to resolve some of the problems they face when managing inheritance procedures derived from the murder of their mothers at the hands of their fathers and the collection of compensation when they are not money imposed by the judges on their parents.
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The bill, presented by the PSOE at the request of a proposal from the Fundación Mujeres, streamlines procedures and suggests tax exemptions for some cases that, according to the organization, are preventing orphans from accessing their rights. The text aims to “eliminate certain uncertainties and obstacles” to “alleviate, at least in part” the situation of “extreme vulnerability” faced by these people at all levels, 300 of them minors since 2013. To the psychological impact, emotional and vital economic and bureaucratic difficulties are added on many occasions that lengthen or directly make it impossible to collect what corresponds to them, affects the proposal.
No political group will vote against the rule, as the deputies have advanced in the debate, although as usual, Vox has used its turn to charge against the conception of sexist violence and try to equate all types of violence. Both the far-right party and the PP have announced that they will try by way of amendments to extend the measures to the rest of the orphans. On the other hand, Lidia Guinart, from the PSOE, has defended that her objective “is to improve her life as much as possible and to ensure that it is not more difficult than it already is.”
The proposal legitimizes the orphans so that they can liquidate the community property, a step prior to the inheritance and which is currently subject to the interpretation of the courts, which sometimes force the murderer to agree; and it also eliminates two taxes that they must pay when receiving certain assets in the inheritance, for example housing, and when receiving the compensation that their parents must pay them by order of a judge when it is in a non-monetary form. In both cases, these burdens are leading to many not being able to access the collections.
Criticisms through the processing route
However, it has also received criticism for lack of ambition or for the route chosen for its processing. From the PNV, Joseba Andoni Aguirretxea, has lamented “the legal construction” of the text, and Sofía Castañón, from United We Can, has demanded that the cases beyond the murder in the framework of the couple or ex-partner women killed in the context of trafficking, prostitution or after being sexually assaulted are left out. ” And there are several groups, among them PNV or Compromís, that have criticized that the Socialists choose the bill instead of its processing within the Government: “a simpler and faster mechanism”, according to Joan Baldoví, “to improve the protection of orphans “.
There have been several references in this line to “the relentless struggle on equality between PSOE and Podemos” in the Executive, in the words of the popular Margarita Prohens and that in her opinion “has led both to paralysis” . The deputy has criticized “that the only initiative of the Ministry of Equality” has been to convene the urgent meeting several weeks ago to promote a review of the current protocols of which there has been no further news. “We have not seen progress or legislative improvement in this regard,” Sara Giménez, from Ciudadanos, also lamented.
On the right, PP and Vox have announced their vote in favor, although they have insisted that in the parliamentary process they will propose amendments to extend the measures to the rest of orphans “regardless of the cause of their orphanhood,” Prohens said, with the aim of of “that no one is unprotected”. From the far-right party, the deputy María de la Cabeza Ruiz has defended the usual discourse of her formation of equalization of all types of violence and has described the proposal as a “vulgar ideological measure to fight against gender violence, as they call it. you to the violence exerted by savages who do not deserve to be called men “.
The parliamentarian has repeated some popular hoaxes these days and common in the extreme right such as that “70% of filicides”, the murders of children at the hands of their parents, “are committed by women”, a figure that is not real or official , while the rest of the parties have indicated their denial. “Standing several meters from the banner that condemns sexist murders is not worth supporting the victims, it stages that tolerance with the violent ones that encourages them to continue. If the victims are not supported, the abuser is being supported”, said the socialist Guinart referring to Javier Ortega Smith, that this Monday he left the banner in front of Madrid City Council in a minute of silence for the girls murdered in Tenerife.
The reform proposal
The proposal modifies several articles of different norms for three cases: first, it legitimizes the orphans so that they can authorize the liquidation of the matrimonial property regime of their parents when it is of community property, a previous step to receive the inheritance and that until now is subject to “uncertainty”. The idea is to put an end to the disparity in the interpretation made by the courts: some accept that the orphan is the one who urges the liquidation on behalf of his mother, but others force to have the agreement of the man who has murdered their mothers. Something that “is harming them” because “it is delaying their access” to their right when there is no agreement from the murderer, “with the negative consequences that this can generate,” the text specifies.
For these cases, the norm also proposes to attribute to the Courts of Violence against Women, which see these procedures, the competence over the liquidation of the matrimonial property regime in the event that the heirs of the women who died due to sexist violence are those who initiate them. .
In addition, the law suggests eliminating two taxes: one, the one that orphans must pay when receiving the inheritance from their mothers in the case of some assets, for example, the house in which they resided, and that is subject to the Tax on Value of Urban Land, which Fundación Mujeres has detected, which helps these families with the paperwork, “represents a significant financial burden that can seriously affect the viability of their acquisition.”
The same thing happens, according to the organization, with the compensation that the judges force the murderers to pay for civil liability and that sometimes, since they have no liquidity, they must pay for it through other assets such as housing. When they are monetary, these payments are exempt from indirect taxation, but the same does not happen if they are not, when the payment of the tax on onerous patrimonial transfers and documented legal acts that many orphans “cannot afford” is required. , as denounced by Marisa Soleto, president of the Fundación Mujeres, for which they are left without access to compensation.