Il diritto italiano della famiglia e minorile alla prova della Convenzione europea dei diritti dell'uomo

The case-law of the European Court of Human Rights is now one of the most important sources of Italian Family Law and Children’s Rights. Both local courts and the court of cassation increasingly invoke the European Convention on Human Rights, as interpreted by the Strasbourg Court, to strengthen decisions based on domestic law and, at times, to raise questions of constitutionality alleging violation of art. 117 Const. In addition to that, numerous legislative reforms recently approved by the Italian Parliament are (also) grounded on the obligation to implement the principles set down by th Court in Strasbourg. To assess the impact of the ECHR system on Italian Family Law and Children’s rights an in depth quantitative and qualitativeanalysisofthepotentialconflictswiththedomesticlegalsystem needs to be carried out. Some of the most interesting points seem: the compliance of the new legislation on civil unions and unregistered cohabitation with the ECHR system; the choice of the surname of the family in the light of the principle of non-discrimination on grounds of sex; the mutual enjoyment by the non custodial parent and the childofeachother’scompanyafterparentalseparationordivorce;the paramount need to preserve, in so far as possible, the family ties between parents and children during foster care and even after adoption. Finally, the analysis of relevant case law by th European Court of Human Rights gives an opportunity to reflect on the human rights based approach to Family Law: indeed, this line of action certainly provides better protection for individuals and their dignity, but it is not without risks.