Logo law and pluralism
Logo Università Bicocca

Italian Supreme Court of Cassation, Civil Section I, No. 9546/2012, 12 June 2012

Type Judgment
Case number 9546/2012



Custody of the minor. Freedom of parents to educate their children according to their own philosophical and religious convictions.

Normative references

Art. 147, art. 155 Italian civil code
Art. 30, art. 31, art.32 Italian Constitution


1. In the event of separation of spouses, in adopting the provision relating to the custody of the children, the trial judge may provide for restrictions on even one of the parents concerning the right and duty to instruct and educate the children on art. 30, 31 and 32 of the Italian Constitution.

2. On the basis of the criterion of the best psycho-physical interest of the minor, the exercise of religious freedom of the parents, even if it is a fundamental freedom of the individual guaranteed at the constitutional, international and supranational level, may be limited if it determines prejudicial consequences for the children.