I diritti dei minori fra delicati bilanciamenti penali e garanzie costituzionali

Translated title of the contribution: [Autom. eng. transl.] The rights of minors between delicate criminal balances and constitutional guarantees

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Abstract

Pursuant to Article 3 of the UN Convention on the Rights of the Child, the interests of the latter are to be deemed superior and preminent in all actions concerning children. This has gradually become part of the criminal framework as a fundamental principle. However, it cannot justify an absolutization of the child interests to the detriment of other interests that are equally worthy of protection. The Italian Constitutional Court itself recognizes the need to evaluate and balance the child interests, which, therefore, cannot be considered as prevalent in all circumstances. The interest of the child is not superior per se and it shall be accepted if and when it is truly the best interest. Being essentially undetermined, this principle has favored a rethorical use of the formula. Nevertheless, the clause has also guided the Legislator and the criminal case law along a path of gradual acknowledgment and protection of the fundamental rights of children, be them offenders, victims or third parties.
Translated title of the contribution[Autom. eng. transl.] The rights of minors between delicate criminal balances and constitutional guarantees
Original languageItalian
Pages (from-to)21-54
Number of pages34
JournalRIVISTA ITALIANA DI DIRITTO E PROCEDURA PENALE
Publication statusPublished - 2018

Keywords

  • Best interest of the child
  • Bilanciamento di interessi
  • Constitutional Court
  • Costituzione
  • Diritti fondamentali
  • Fundamental rights
  • Garanzie costituzionali
  • Interesse preminente del minore
  • Minore età
  • Rights of children

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