Deborah Russo, Monica Parodi

The Implementation of the Convention on the Rights of the Child in the Italian Legal Order: A Provisional Balance

  • Abstract

Informations and abstract

Keywords: best interest of the child; right to be heard; participation of minor; rights of children; Convention on the rights of the child; adaptation of internal law to International law.

The article provides a provisional balance on the implementation of the Convention on the rights of the child in the Italian legal order. After a brief introduction on the status of minors under the Italian Constitution and on the rank of the Convention in the Italian legal order, it surveys the implementa-tion of the Convention respectively in civil law and in criminal law, in particular analysing the relevant legislative reforms and the main decisions of Italian courts. In conclusion, it argues that the imple-mentation of the Convention has brought a significant change of perspective, mainly as a result of the proactive roles played by national courts. However, this process is still uncompleted as unresolved issues and legal gaps persist in both civil and criminal law. Thus, the article concludes that its com-pletion requires a more extensive overhaul of national legislation.

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