I best interests of the child

The best interests of the child principle Over the years, Italy has integrated the principle of the best interests of the child in all legislative, administrative and judicial proceedings concerning children. The reasons for the considerable success of the principle are various. It can be mentioned, inter alia, the rhetoric strength of the Italian translation (superiore, or preminente, interesse del minore), the openness of the Italian legal system to the international sources and the fact that the 1948 Italian Constitution contains several principles and rules that anticipate and support the content of Article 3 CRC, and confirms Article 21 CRC with regard to adoption. Above all it must considered the ‘personalistic principle’ laid down by Article 2 of the Italian Constitution, under which “The Republic shall recognize and protect the inviolable rights of the person, both as an individual and in the social groups where human personality is expressed”, that refers also to children considered as human persons., in addition to other provisions, as Article 31, para. 2, under which “The Republic shall protect […] children and the young by adopting necessary provisions”. The contribute focuses especially on the large use of the best interests of the child standard by the Italian courts, beginning with the central role played by the Constitutional Court.