Such a bond, more specifically, does not necessarily have to take the form of physical cohabitation; it is sufficient that there exists “a moral and spiritual bond between parent and child, as this must be regarded as the true substance of the ‘stable and genuine cohabitation’ required by the legislation.”
It stated that it adheres to the interpretation of the Supreme Court of Cassation, as it is “more attentive to the respect of the principle of gender non-discrimination and to the protection of the fundamental rights of the individual. Moreover, from a logical standpoint — even before a legal one — pursuant to Article 136 of the Constitution and Article 30 of Law No. 87 of 11 March 1953, the cessation of the effects of an unlawful law due to its discriminatory nature must necessarily have an immediate and automatic impact on pending or still justiciable situations, such as the right to citizenship. From the date on which the law became inapplicable, the inalienable right not to lose or to acquire the status of citizen of the claimant’s ancestors can at any time be recognized, and consequently, her own right to the declaration of her citizenship status as a descendant of a woman who, as of 1 January 1948, must be regarded as an Italian citizen.
“The verification of the requirements for the recognition of Italian citizenship, requested by children of foreign parents upon reaching the age of majority, entails that the applicant’s uninterrupted residence in Italy since birth must be ascertained, applying the criterion of actual residence, which may be demonstrated by any suitable documentation, this criterion being deemed to prevail over registered residence.”
“Regarding the international protection of foreigners, pursuant to Articles 3 and 60 of the Istanbul Convention of 11 May 2011 on preventing and combating violence against women and domestic violence, acts of domestic violence also fall within the scope of inhuman or degrading treatment referred to in Article 14(b) of Legislative Decree No. 251 of 2007 for the purposes of granting subsidiary protection, so it is the judge’s duty to assess concretely whether, even in the presence of a threat of serious harm by a 'non-state actor,' pursuant to Article 5(c) of the cited decree, such as the applicant’s husband, the country of origin is able to provide adequate protection to the woman.”
The Court of Florence annulled the refusal by the Civil Registry Office of the Municipality of Florence to recognize Italian citizenship pursuant to Article 4, paragraph 2, of Law No. 91/1992, due to the lack of the requirement of “legal residence.”
With regard to the parent–child relationship, it clearly excluded that cohabitation can be considered a conditio sine qua non for the existence of family life between parents and children, “since from the moment of a child’s birth, and by that very fact alone, there exists between him/her and his or her parents a bond amounting to family life, even if the parents do not live together.”
Consequently, the Court held that “the father’s exercise of visiting rights and his financial contribution to the child’s upbringing” are sufficient elements to establish the existence of family life.
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CILD
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