Uruguay: Bill on "Shared Parenting"

Montevideo, April 11, 2023.

From the Gender Sociology Research Group of the Faculty of Social Sciences at the University of the Republic, we reiterate our rejection of the bill called “co-responsibility in parenting.” Gender co-responsibility in caregiving cannot be imposed; it is the result of an effective, equitable, and responsible assumption of care by both fathers and mothers, in which both guarantee the well-being of their children through secure and healthy relationships.

It is fundamental for gender equality that public policies and legislation promote shared responsibility in caregiving, but this in no way implies that, in the event of the dissolution of the marital bond and in the face of disagreement and conflict between parents leading to legal proceedings, children should be forced to spend equal time with both their mother and father without analyzing how caregiving practices were carried out before the dissolution of the marital bond. The bill under discussion does not promote shared responsibility in raising children; it imposes a blanket solution that prioritizes shared custody in all cases, when what should prevail is a careful analysis of the relationships that are safe for each child and adolescent.

This bill puts children and adolescents at risk by allowing fathers accused of violence—even those with restraining orders—to have visitation rights or live with their children. Furthermore, far from promoting shared parenting, the bill relaxes financial obligations following marital dissolution by mandating joint custody. This is a recurring demand in several countries in the region, coming from groups of separated fathers and those in conflict with mothers—most of whom have been accused of violence—and finding support among conservative and anti-feminist political parties.

Gender co-responsibility in caregiving requires a State that promotes sustained cultural transformations, caregiving leave policies that allocate more time to men, education on gender equality in caregiving, and the development of caring masculinities, among other measures that a National Integrated Care System like the one Uruguay has had since 2015 should implement. This bill does not contribute to these profound and necessary objectives; it represents a step backward in the protection of children and adolescents, both in terms of violence and economic security.

Gender Sociology Research Group (GISG-FCS-UDELAR)

Department of Sociology – Faculty of Social Sciences – University of the Republic – Uruguay

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