After 30 years, the Italian Court
of Cassation has ruled in favour of parents’ right to pass on the maternal
surname to their children. According to the recent court ruling from Italy’s
highest constitutional court, if both parents agree, children can now be given
their mother’s surname instead of their father’s.
The ruling, which overturned an
earlier ruling by a Milan appeals court, comes thanks to the long effort of a
couple from Milan who have been fighting for the right to name their children
as they wish. The court ruled in favour of the couple’s appeal because the
current law, which requires married couples to give their children the father’s
surname, was considered sex discrimination under European Union human rights
law. Judges made their decision because ‘the concept of the patriarchal family
is a thing of the past; it is no longer in line with the evolution of our
society, nor with supranational human rights policies.’
Italian rights groups have hailed
the landmark ruling, which put an end to a 30-year battle to promote an idea of
the family that goes beyond patriarchy, saying that the ruling recognizes the
vital role of both parents in the life of a child. The first proposal for such
a law was presented in parliament on October 30, 1979.
