Sull’attribuzione del cognome materno. Lo stato della giurisprudenza della Corte Europea dei diritti dell’uomo

In the case of Cusan and Fazzo v. Italy, the European Court of Human Rights held that there had been a violation of Article 14 (prohibition of discrimination) of the European Convention on Human Rights (ECHR), taken together with Article 8 (right to respect for private and family) of the Convention. Human rights judges have declared that Italy’s legal system for the transmission of the father’s surname reflects discrimination based on the parents’ sex and was incompatible with the principle of non-discrimination. Discrimination against women also occurs in the sphere of private international relations, for instance where a conflict-of-law rule provides for a woman’s attachment to the national law of her husband or father. The same is true where such a rule results in the application of a foreign discriminatory provision. The Council of Europe’s work in the field of gender equality is based on two premises: gender equality is an integral part of human rights and gender equality is a fundamental criterion of democracy