Ascolto e autodeterminazione del minore. Adesione al programma di protezione per i collaboratori di giustizia

Di Alessandra Gatto -

Our legal system recognises the child’s right not only to express his or her own thoughts within the family and in proceedings concerning matters pertaining to his or her personal sphere, but also to make his or her own choices in life, providing parents with the duty to support their children both materially and morally. The child’s right to be heard is closely linked to the child’s right to self-determination: in this respect, our legal system provides for several rules aimed at ensuring the child’s autonomy in decision-making (such as, for instance, Article 2 of the Italian Civil Code concerning the capacity to work, Article 84 of the Italian Civil Code regarding the possibility for a sixteen-year-old child to contract marriage, Article 250 of the Italian Civil Code concerning the acknowledgement by the child of his or her own child). With reference to the question regarding the minor’s adhesion to the protection programme for collaborators of justice, it is necessary to reflect on the legitimacy or not of the exclusion of the minor’s subscription to the protection programme and on the need to recognise, in view of the minor’s age and degree of maturity, his or her autonomy in making such a choice, which is undoubtedly very personal.