JUVENILE CIVIL LAW

Family law is an optional course of the Bachelor’s degree in Sciences of Society and Social Service.
The course will provide students, also through cases and jurisprudence, the principles and the fundamental concepts of the law protection of minors. Therefore, the norms of the Italian civil code related to minors, custody, adoption, remedies, fundamental rights and freedom of the minor, will be analysed.
Moreover, also the competence and the procedures of the Juvenile Court will be subjected to a strict study.
The aim of the Course is to give students the instruments to face the different difficult situation potentially struggled by a minor, in particular inside the domestic environment.

1. Knowledge and understanding
1.1 Understand the multilevel legal system (national, supranational and international) which governs juvenile law.
1.2 Know the laws and procedures designed to help minors in trouble.
1.3 Understand the role of these laws and procedures as minors’ relational tools.

2. Ability to apply knowledge and understanding
2.1 Ability to set in the appropriate legal frame the different difficult situations the minor could live.
2.2 Ability to find the legal provisions suitable to a certain situation and the competent Court.
2.3 Ability to determine which legal provision finds application to solve the problem the minor could face. Distinguish among different legal provisions, which one could be useful to govern a certain conflict or regulate a certain human relationship.

3. Judgment
3.1 Being able to interpret legal provisions.
3.2 Being able to identify, distinguish, relate different principles and legal provisions belonging to different sources of the multilevel system.
3.3 Facing an hypothetical conflict or private relationship, finding the provisions or the institutions to solve or manage the situation.

It is widely recommended having taken the exam “Family law”

• Sources of juvenile law
• Measures for minors in trouble
• The relationship between judicial and administrative authority. The role of the social services.
• Social services and custody of the minor.
• Rights and freedoms of the minor. The interest of the minor.
• The protection of the minor’s health. The minor’s medical treatments.
• Private law remedies.
• The Juvenile Court. Minors and legal proceeding. The relations between the special and the ordinary jurisdiction.
• The custody of the minor in domestic trouble.
• The adoption: national, international and special cases.

R. Senigaglia (a cura di), Autodeterminazione e minore età. Itinerari di diritto minorile, Pisa, Pacini editore, 2019.

L. Lenti, Diritto di famiglia e servizi sociali, Giappichelli, Torino, last edition. The chapters VIII, XVII and XVIII are to be studied in this text.

Cascione, Ardesi, Giocanda, Diritto di famiglia e minorile per operatori sociali, Padova, Cedam, 2014, from p. 250 on p. 286.

Other texts, of doctrine and jurisprudence, will be inserted by the teacher in the moodle of the course.

The written exam consists in three open questions. The student will have to choose two of the three questions proposed. During the exam, the consultation of the legal provisions (without comments or notes) is allowed.

The Course is mainly structured in several frontal lessons. In addition, some extra-lessons will be structured in a seminar form focusing on topics of particular interest and complexity.

Italian

Further information will be available on the e-learning platform (Moodle)
https://moodle.unive.it/course/view.php?id=844

written

This subject deals with topics related to the macro-area "Human capital, health, education" and contributes to the achievement of one or more goals of U. N. Agenda for Sustainable Development