Page 5 - Charter of child rights separation
P. 5

INTRODUCTION The New York Convention of the 1989 on the Rights of the Child emphasizes, since the preamble, the importance of the family in the life of every child and adolescent, as "fundamental unit of the society and of a natural environment for the growth and the well-being of all its members and especially of children ". Numerous minor rights revolve around the family: the right to preserve family relationships (art. 8), the right not to be separated from parents (art. 9) and to maintain regular and frequent relations with each of them, even if they reside in different states (art. 10), the right to freely express their opinion in matters concerning him and to be heard in any judicial or administrative procedure (art. 12). The Italian Constitution, in Title II, dedicates the 29, 30 and 31 articles to the family. Ideally, the family could survive the difficulties it encountered, but sometimes it is difficult; it is necessary that the parents are able to re-establish a balance even in the phases following the cessation of the emotional relationship. When we speak of separation, however, we can not refer only to legal aspects, since this represents a change and a moment of difficulty both for adults who separate, as for children, especially those of minor age, who inevitably suffer . The need for reorganization, contrasts, changes, problems linked to the economic sphere can distract attention from children's needs and rights. For this reason, the Authority for Children and Adolescents has created the Charter of the rights of the children in the separation of the parents, whose founding principles are inspired by the New York Convention and in particular those of listening and higher interests of minors. The Charter is also the result of what emerged from the involvement of experts, associations and above all the contribution provided by people of minor age. 1
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