Coming without coming from: the adoptee’s right of access to origins within the constraints of maternal anonymity

Autor:	Agosta, Stefano
Jazyk:	angličtina
Rok vydání:	2021
Předmět:	showing differences in the methods but strong similarities in the substantive solutions. Conclusively This article analyses the judicial path crossed by lights and shadows and its ability to make it feasible to more easily learn information about one’s own parental history in anonymous birth. A comparison is made between the European Court of Human Rights (ECtHR) case law and the Italian Constitutional Court case law showing differences in the methods but strong similarities in the substantive solutions. Conclusively in the Italian legal system the mother’s decision to confirm her original choice for anonymity has an undisputed prevalence when it tries to balance with the child’s constitutional right to have his or her own personal experience recognised in the Italian legal system crossed by lights and shadows and its ability to make it feasible to more easily learn information about one’s own parental history in anonymous birth. A comparison is made between the European Court of Human Rights (ECtHR) case law and the Italian Constitutional Court case law This article analyses the judicial path the mother’s decision to confirm her original choice for anonymity has an undisputed prevalence when it tries to balance with the child’s constitutional right to have his or her own personal experience recognised
Popis:	This article analyses the judicial path, crossed by lights and shadows, and its ability to make it feasible to more easily learn information about one's own parental history in anonymous birth. A comparison is made between the European Court of Human Rights (ECtHR) case law and the Italian Constitutional Court case law, showing differences in the methods but strong similarities in the substantive solutions. Conclusively, in the Italian legal system, the mother's decision to confirm her original choice for anonymity has an undisputed prevalence when it tries to balance with the child's constitutional right to have his or her own personal experience recognised. BioLaw Journal - Rivista di BioDiritto, N. 1S (2021): Special Issue 1/2021
Databáze:	OpenAIRE
Externí odkaz:	https://explore.openaire.eu/search/publication?articleId=doi_dedup___::653f6fd66489fff9aa6c0222ecbd6b50 http://hdl.handle.net/11570/3204324 Zobrazit plný text záznamu