Italian Civil Code, Article 333 (Condotta del genitore pregiudizievole ai figli (Parent's behaviour which is prejudicial to children))

separation of the child from parents' house or banning of the parent or cohabiting partner whose behaviour is threatening the child wellbeing

Child Protection Provisions

Number of FGM related interventions

in 1997 a Nigerian girl who was subjected to FGM in a Nigerian Hospital and when in Italy started to have serious genital problems and her parents brought her to the Hospital in Turin. The Juvenile Court intervened and temporarily separated the girl from their parents to investigate on the family together with a cultural mediator: collected information was reassuring about a positive family and parental relation, as the parents has acted taking good care of the girl from Nigeria to the Hospital in Turin and their behaviour was explained by the Edo customary law (not punished by Nigerian local Courts) according to whom a girl who has not undergone FGM will not find a husband. A complain was lodged against parents but the case was dismissed. The Court was criticized for having separated the girl from her family causing her occasion for a further trauma: according to Brunelli (2011) this case actually questions the relevancy of the application of art. 330 (loss of parental authority) and 333 of the Civil Code (preventive interventions in case of prejudicial parental behaviour). Finally, the Minister for Justice decided it was not possible to sanction the parents' behaviour as the practice took place abroad (art. 10 penal code).