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Fortunato Case: European Court condemns Italy over the foster care system

2026-10-11

Fortunato Case: European Court condemns Italy over the foster care system

The European Court of Human Rights (ECHR) has issued a significant ruling against Italy regarding its child foster care system. The decision stems from the so-called "Fortunato case," which raised concerns about the management of judicial and administrative proceedings that lead to the removal of children from their original families.

According to the judges in Strasbourg, the Italian State failed to adequately guarantee the right to respect for private and family life. The Court specifically criticized the lack of thorough and timely assessment by social services and judicial authorities, which in this case acted too hastily, causing unjustified suffering to both the parents and the child involved.

The ruling highlights how the Italian system presents structural gaps in the protection of family ties. The ECHR emphasized that the removal of a child must be considered an extreme measure, to be adopted only when no valid alternatives exist. In the case analyzed, however, the authorities allegedly did not sufficiently explore less drastic solutions to resolve the reported family difficulties.

This decision represents an important warning for Italian institutions. Industry experts argue that the ruling will necessitate a revision of current procedures, with the goal of making the foster care system more transparent and respectful of fundamental rights. The Italian government is now called upon to implement reforms that ensure a greater balance between the protection of minors and the right of families to remain united.

In conclusion, the Fortunato case marks a turning point in the national debate on child protection. While professional associations welcome the Court's decision, the challenge remains to translate these principles into more attentive and humane daily practices within courts and social services across the country.

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