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Italy / Constitutional Court / 31

Legitimacy of Art. 569 of the Criminal Code

Deciding Body type:
National Court/Tribunal
Type:
Decision
Decision date:
23/02/2012

Key facts of the case:

Question of the legitimacy of Art. 569 of the Criminal Code, according to which parents who alter a child’s birth certificate automatically loose parental authority.

Results (sanctions) and key consequences of the case:

Illegitimacy of the provision. Overruling a previous judgment that did not take into account children’s fundamental rights, the Court stated that the provision was unconstitutional because, if adopted automatically after the commitment of the crime, the loss of parental authority may violate the child’s fundamental rights, first of all, the right to live with his/her family.