Famiglie vulnerabili e allontanamento dei bambini. Note a margine della legge 29 luglio 2020, n. 107, in attesa di una riforma necessaria

Information

After having reconstructed the complex socio-regulatory framework designed over the years to support the most vulnerable families from an economic and social point of view and having retraced the jurisprudence of the European Court of Human Rights, inspired by the UN Convention on the Rights of the Child, in theme of protection of family ties, the contribution analyzes the law of 29 July 2020, n. 107, which established a parliamentary commission of inquiry on activities related to family-type communities that welcome minors. Particular attention is paid to art. 9 which introduces a new paragraph 3 bis within art. 2 of the l. 4 May 1983, n. 184 (adoption law), providing in the case of removal of the minor from his family and entrustment to a family-type community, the obligation for the judge to expressly indicate the reasons why it is not considered possible for the child to remain in the family unit and the reasons for which it is not possible to proceed with fostering a family. This provision is a step forward to give substance to the right of children to grow up in their families and to make the Italian legal framework adequate to ensure compliance with the positive obligations deriving from art. 8 of the ECHR.

Output type
Journal article
Year
2021
Authors