Interview by Valeria Nicolosi
From experience to responsibility. Today the lawyer must be socially responsible. Advocates are required today to own a magnifying glass directed to the weakest, to so-called vulnerable individuals and their needs .
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But what is it exactly?
We spoke with the lawyer Maria Giovanna Ruo, president of Way (National Chamber of the lawyers for the person, family relations and minors) , and also known for his television participation as a judge in the “Forum” program .
Way – he said the lawyer Ruo – has expressed and promoted the principle of social responsibility advocacy introduced at European and national level by the respective representative bodies apical. The principle, in good summary, successfully played the role of defending the rights not only in individual cases, but also in society at large. Advocacy is the connecting link between life and the right, receives first of the new demand for justice that does not always find response law applicable.Advocacy therefore has the right / duty to bring in the new emerging demand for justice, one that is not answered or is only a partial answer in the laws, what is mortified in the interpretation or application practices do not comply with the principle of effectiveness in protecting rights. In people, family relations and minors, the lawyer’s social responsibility also acquires another meaning: in this area we have the principle of increased protection of the most fragile person, what vulnerable.
In the management of individual cases, keep in mind, eg., Which is the ‘interests of the child must prevail, and that other rights are recessive in the game of adults and fully capable.If you do not have this in mind, and do not exercise their profession in individual cases also holding the “compass” firmly on principle, sometimes favoring the conflicting wishes of the customer, it is wrong not only the defensive line and you run the risk of “lose the case”, but presumably they build the foundation for a serious injury to the minor children involved, exacerbating situations that very often turn against themselves and then, for the consequences on their mental and physical development, even against parents . This fact can then find themselves with various problems of children involved in an exacerbated conflict. Children torn in the conflict are very often problematic adolescents and young adults, who struggle their relationships reproducing the violence that directly or indirectly learned from the report maddeningly opposed parents: become resentful, rivendicativi, fragile, with a continued sense of inadequacy when you are not deviant behavior in the proper sense, or worse, not veer towards more or less severe personality disorders. Now, as these increasingly common situations, it is considered a matter of “public health.”
Manage often sensitive cases from the human point of view as divorces, credit and dropouts. What role do private investigations in this area of investigation?
“The private investigations can play different roles: from the classic infidelity, others more complex, articulated and ultimately more useful for the reconstruction of the actual capital and earnings consistency, and then the actual items of revenue and expenditure of ‘ effective role played by the party in various organizations, companies, studios and offices, the standard of living. In our country there is significant tax opacity and sometimes tax returns do not match the utility of which actually enjoys, sometimes even in the use of goods (eg. Boats, homes, holidays). Or sometimes, like when it comes to great minors who have escaped and are beyond parental control activities leading to the limits and beyond legality, or even for their own prejudicial, for situations in which they are involved, it may want to contact private investigation “.
In legal terms that you can benefit from the assistance of a private investigator when you are in the presence of minors?
The investigation involving underage persons must always be authorized by both parents if operators with parental responsibility or the guardian, even provisionally. It can be used always only in the interest of the minor involved, in total confidentiality and the mere purpose of defending their rights. No proper investigation would consider the behavior of a parent against the other parent requested minor children. In the event of suspected parental abuse, it is the judicial authority must investigate by its own means.
As for investigations of abuse minors by third parties consent, as I have already said to be paid by both parents; for the victims of cyberbullying, can be useful telematic investigations that rebuild – where possible – the sources of news dissemination, photos, videos, for the protection of the minor bully.
In this regard, to what extent is the DDL Pillon? What do you think of the concept of both parents?
“The dual parenting is essential for the proper mental and physical development of the minor children, because well develop their personal identity, social, affective, the children have a right to both parents. This does not mean that they need parity of time or that they always need both in the same way: from 0 to 18 years is very different people and, as in cohabiting families, it needs a few more of the maternal figure steps and others more than his father. Using stereotypes or abstract models is wrong, and in this the DDL Pillon (apart from the many critical technical aspects for which I refer to our hearing in the Senate gives the wrong solution to an existing problem: that of an excessively formal legislation on the ‘shared custody.
Other solutions are also not correct: how to predict the direct maintenance. Not that the principle is wrong in itself: the fact is that in situations of high conflict that mode on the one hand lends itself to increased conflict itself (you had to buy the shoes and you get poorer ones on the market … you still have not bought coat your daughter who grew up … the little girl wanted a blue vest and you to save him you bought yellow: why then, beyond the proclamation of good principles, this happens) on the other, in case of default, it has mode much more complex for enforcement. So it would go against the children, which is not possible. A problem to resolve is that of the allocation of the family home: Cohabitation ceases sometimes after a short time after the birth of a child, and the house will remain assigned to the parent primarily domestic partner until they will not have 30 years, according to the current trend. Meanwhile the owner parent or joint owner should look for a different house, if you have other children they will be excluded from the enjoyment of the house also owned by him and not be able to use that usable wealth: in short, creates inequality among the first children assignees and those to come. This is not fair and just. And often the destination of the family home to the first group creates it impossible for those who have or it shares the property to buy another, I mean the assignment should not have the life that has in its practical application.
The bill Pillon captures many real difficulties in the application and interpretation of the legislation shared custody, but then fails to hit the solutions that appear to be unfit. In short: diagnosis (partially) right but wrong therapy. But as the patient dies anyway.