Il principio dei “best interests of the child” e la tutela della vittima minorenne nello spazio giuridico e giudiziario europeo

Abstract

This study focuses on the application of the principle of the “best interests of the child” in international law and in the European legal and judicial area in cases where the child is a vulnerable victim. Particular attention shall be devoted to describing what is meant by “best interests of the child” and to highlighting the way in which the Italian constitutional court applies this principle to protect vulnerable child victims, balancing it with other conflicting interests. As next step, the analysis deals with regulation of vulnerable child victim in European Union sources, with specific reference to Directive 2012/29/EU in the Italian and Spanish legal systems, in order to identify any parts of it that have not yet been implemented and proposing de iure condendo solutions that take into due account also new technological tools aimed at protecting the vulnerable child victim.