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Family & Law

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December, 2024 Expand all abstracts
Article

Access_open Child Protection and Visitation in the Italian Legal Framework

A Critical Pedagogical Analysis of the ‘Spazio Neutro’ Service

Keywords Critical pedagogy, Family, Child protection, Right of access, Supervised visitation
Authors Alessandro D'Antone PhD
AbstractAuthor's information

    This paper investigates the intersection of child protection and pedagogy within the Italian legal system, focusing specifically on the regulations surrounding the protection of minors and supervised visitation. The analysis does not offer a critique from a purely legal perspective, but rather examines the legal framework through a pedagogical lens, highlighting the law’s relevance to educators, teachers, and pedagogists. The paper is structured into three key sections. The first section provides an overview of the concept of family as defined by specific regulations within the Italian legal system. This sets the stage for understanding the broader legal context in which child protection is situated. The second section presents a pedagogical analysis of the most significant legal provisions related to child protection, including family removal measures and the roles of Court-Appointed Technical Consultants and Party-Appointed Technical Consultants. This analysis underscores the importance of viewing these regulations not just as legal impositions, but as influential factors in educational practices. The third section delves into the implications of these legal norms for the ‘Spazio Neutro’ (Neutral Space) service, a supervised visitation program managed by educators within Social Services. This service exemplifies the critical relationship between law and pedagogy, illustrating how legal regulations can shape and enhance educational interventions. The paper argues that for professionals directly involved in the social practices governed by these regulations, it is essential to engage with the law critically, rather than simply applying it. This critical engagement ensures that the implementation of legal provisions is both rigorous and pedagogically sound. Ultimately, the paper demonstrates how the legal framework not only influences educational practices but also fosters a deeper integration of pedagogical principles within the field of child protection, contributing to a more comprehensive understanding of the relationship between law and education.


Alessandro D'Antone PhD
Alessandro D'Antone is a Tenure Track Researcher (RTT) in General and Social Pedagogy at the Department of Education and Humanities of the University of Modena and Reggio Emilia, where he teaches General and Social Pedagogy as well as Early Childhood and Family Pedagogy. His research interests focus on critical pedagogy and the relationship between pedagogical theory and educational practices, family pedagogy and family education, social pedagogy, and pedagogical supervision.