Il supremo interesse del minore nella famiglia non tradizionale: dalla CEDU al recente ritorno ai criteri di legge di Niccolò Montuoro
Abstract – In the last decades, under a deep social and cultural pressure, new family models have spread next to the institutional family structure, founded on marriage. Starting from the concrete application of the best interest of the child in the context of non-traditional families, defined as “guide concept with a variable content” in relation to the specific case, the target of this contribution is to understand, in a supranational system that has multiple sources and the aid of European Court of Human Rights, often decisive about resolution of delicate points of law, if the bypassing of legal criteria to favor the insertion of the child in new family models always corresponds to the effective protection of this best interest. So, we wonder if it needs to return to the re-evaluation of law criteria, allowing more carefully the strict compliance of child prerogatives, counteracting the recent tendency to circumvent the applicable law.
Keywords – Best interest, child, non-traditional family, law criteria.