Autore
Mura, LoredanaTitolo
Il ritardo italiano nell'adattamento alla sentenza della Corte EDU n. 77/07 sulla trasmissione del cognome maternoPeriodico
Ordine internazionale e diritti umaniAnno:
2015 - Fascicolo:
4 - Pagina iniziale:
650 - Pagina finale:
682Denial of the mother’s right to give her surname to her children - and therefore the
children's right to define their identity with reference to their mother's line of descent – is
one of the strongest bulwarks of the patriarchal Italian system. It is a breach of the
principle of equality between spouses, in terms of both their own relationship and their
relationship with their children. The Constitutional Court, questioned on this point,
though acknowledging the illegality of the customary rule that allows children to be given
their father's surname only, deemed it essential and unavoidable that the national legislator
should intervene on the matter. On several occasions, the Italian Parliament held
discussions on how this particular relationship should be regulated based on the principles
of both the current Italian and international legal systems, but concrete results were never
achieved. Even the ECHR’s condemnation of the Italian State for breaching the principle
of non-discrimination in family relations did not lead to any changes. The so-called
Garavini Bill, drafted for the purpose of Italy’s adaptation to this ECHR ruling, has been
approved by the Chamber of Deputies but has already been sitting untouched for several
months pending discussion by the Senate.
SICI: 2284-3531(2015)4<650:IRINAS>2.0.ZU;2-I
Testo completo:
http://www.rivistaoidu.net/sites/default/files/5_MURA.pdfEsportazione dati in Refworks (solo per utenti abilitati)
Record salvabile in Zotero