On the Effectiveness of the Non-cohabiting Parent’s Right to Visit as a Fundamental Right According to Art. 8 ECHR
Are you already subscribed?
Login to check
whether this content is already included on your personal or institutional subscription.
Abstract
The European Court of Human Rights condemns Italy for the violation of art. 8 ECHR noting a systematic problem over the effectiveness of the visiting right of the parent who lives abroad. The decision is very relevant because it reveals the concrete solution that Italian judges should have fol-lowed in similar cases, such as the substitution of the deny of the dissenting parent to allow the mi-nor to go abroad for the summer holidays. Only in this way the right to respect of family life could be effectively guaranteed as a fundamental right of the parent and the child
Keywords
- human rights
- Art. 8
- visiting right
- effectiveness of respect of family life
- best interest of the child
- European Court of Human Rights
