suggested citation: C. Aquino, Criticità e prospettive della Responsabilità Genitoriale: profili costituzionali, lceonline (www.lceonline.eu), 2/2024, II/Rubriche
key words: parental responsibility, Italian constitution, parenting
abstract: Family units present very different characteristics compared to the past, even the recent one: empirical data attests to the changes and evolution of society, to which the law adapts through doctrinal and judicial interpretation, which takes note and re-elaborates the multiple declinations of the family phenomenon and its changing connotations. There is no single type of family and alongside the model for which the law was conceived, a plurality of family types and relationships have been added, with a significant contribution of the phenomenon of immigration towards a multicultural society. Thanks to the elasticity of the Italian constitutional model, which recognizes through its art. 2, the social formations within which the personality of the individual is expressed, a profound transformation of the discipline regarding family matters has been achieved rapidly. The various legislative interventions to reform the legal discipline of the family should be read in this direction, including the introduction of alternative family models: both aimed at the recognition of new social formations and the protection of the rights of individual members, regardless of sexual orientations and attributing centrality to everyone’s right to family life.
