Such a decision was made by the European Court. While Italian judicial authorities rejected the request of a married couple from Lombardy
The European Court of Human Rights has affirmed that parents have the right to give their children the name of the mother. Thus, Strasbourg condemned Italy for refusing the couple in this of their right. According to the court decision, which will take its final form in 3 months, the judges ruled that Italy is “obliged to implement reforms”: legislative or otherwise, in order to correct the violation.
Background
A married couple from Milan Alessandra Cusan and Luigi Fazzo, parents of Maddalena, applied to the Strasbourg Court. In 1999, when the couple had a daughter, they decided to register her with the name of the mother, not the father, as is customary. And faced with an unexpected obstacle in the face of Italian law prohibiting such a thing. Since then, the couple has fought for the recognition of their right. "I am enthusiastic, this is another step forward to progress, the fruits of which will serve our children," Alessandra shared with reporters.
Spouse Discrimination
The other day, judges of the Strasbourg Court ruled that in this situation there is discrimination of spouses and disrespect for family and private life, carried out by the Italian state. The judges stated that “if the wording of the law deciding to give legitimate children the name of the father, discrepancies with practice are revealed, and there is no need to violate the European Convention on Human Rights, the absence of derogations from the law when registering a newborn child in state institutions is an extremely strict policy discriminating women. "
In their decision, the judges emphasized that the possibility introduced in 2000 to add the surname of the mother to the father’s surname does not fully ensure equality between the spouses. By the way, in May of this year, the Equality Italia Association organized a campaign in support of the problem of choosing a child’s surname "With Mom's Surname" ("Nel cognome della madre").
Mothers victory
“This is a great victory for mothers. The time has come when in Italy a mother can calmly give her last name to her child. The right that has been enjoyed by women from other countries, and not only European ones for many years, reflects the current trend towards equal opportunities, including legislative level, "commented Laura Garavini, representative of the Democratic Party of Italy, on Strasbourg’s decision.
