On the proposal of the Prime Minister's party, the Italian Parliament rejected
the Regulation of the Council of Europe relating to the "applicable law and therecognition of decisions and the acceptance of public deeds on filiation and thecreation of a European certificate of filiation." ---- The objective of theprovision was to establish, maintain and develop an area of freedom, security andjustice in full respect of fundamental rights, in which the free movement ofpersons and access to justice are guaranteed. In order to gradually establishthis area, the Union must take measures to ensure mutual recognition between theMember States of judicial and extrajudicial decisions in civil matters and thecompatibility of the rules applicable in the Member States to conflicts of lawsand jurisdiction in civil matters. Therefore the regulation provided for therecognition in one Member State of parentage established in another Member State.Its objective was to protect the fundamental rights and other rights of childrenin matters of parenthood in cross-border situations, including the right toidentity, non-discrimination and to private and family life, with the bestinterests of the child as primary consideration. The Regulation also aimed toensure legal certainty and predictability and to reduce the costs and litigationburdens for families, courts and other competent authorities at national levelassociated with proceedings for the recognition of parentage in another Member State.To achieve these objectives, the regulation required the Member States torecognize in all respects the parentage as established in another Member State.The vote on the approval of the regulation was necessary because according to theTreaties, the Member States have the competence to adopt substantive rules in thefield of family law, such as the rules on the definition of family and on theestablishment of filiation. However, pursuant to Article 81(3) TFEU, the Unionmay adopt measures in the field of family law having cross-border implications,in particular rules on international jurisdiction, applicable law and recognitionof parentage.To motivate this choice that deprives many innocent boys and girls of theirrights, the right-wing government in Italy has put forward its opposition to thepractice of surrogacy, producing a limitation of rights without striking theparents for behaviors deemed illicit. To be overwhelmed by the decision are notonly children born from surrogacy, but all those belonging to single parentfamilies however conceived.What happened shouldn't come as a surprise because it is consistent with theright-wing policy that espouses the ethical positions supported in Europe byHungary and Poland, aligning Italy with sex-phobic positions, discriminatingbetween people on the basis of gender grounds and having no problem when thechoices of the parents fall on the guilty children.In doing so, the Italian Government disavows its adherence to the StockholmProgram of the EU. Which proposed to increasingly reduce administrativeobligations for citizens, promote the free circulation of public documents andthe recognition of the effects of civil status documents for citizens of Statesbelonging to the Union, also for the purpose of standardizing their rights andobligations.G.L.http://www.ucadi.org/2023/03/22/diritti-negati-2/_________________________________________A - I N F O S N E W S S E R V I C EBy, For, and About AnarchistsSend news reports to A-infos-en mailing listA-infos-en@ainfos.ca
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