I RAPPORTI DISFUNZIONALI FRA I GENITORI E I FIGLI NEL QUADRO DI DISTONIA DIALETTICA FRA LA CORTE EDU E LE CORTI ITALIANE

The present research examines the disputes concerning dysfunctional parent-child relationships in the more general framework of the complex relationships between the ECtHR and the Italian Courts. With this intent, it has ascertained that at the basis of the differences existing between these two jurisprudential lines, European and Italians, there is no problem of reciprocal invasion of the respective competence, nor a diversity of principles and values to which the exercise of their respective judicial power is subject. Rather, it is the different approach adopted by the said Courts in the interpretation of fundamental principles, such as the best interest of the child, that creates misunderstandings and distances and undermines their dialectical relationship. Only a greater awareness of their respective responsibilities and the role that each of the two Courts can play in overcoming the difficulties of their relationship can make the latter useful and functional, to the benefit of human rights, especially those of the younger generations.