Quaderno monografico n. 1GIAN PIERO MILANO La conformazione del diritto vaticano al diritto internazionale
Quaderno monografico n. 1GIUSEPPE TESAURO Presidenza
ABSTRACT
Kafala legal institution, typical of the Islamic world, stands out as a protective form of minors outside the creation of any adoptive bond and recognised status as in the cases of legitimate child. In Western countries, kafala brings into focus several different issues that are connected primarily with fears of circumventing laws in matters of family reunion alongside stringent criteria set for international child adoption. However, the assumption that there are imperfect legal models should not prevent European Courts from duly re- cognising kafala as a proper means to ensure supreme interests of minors. This way then, the very nature of kafala is one which provides jurists with responsibility to choose from the best applicable rules of procedures, and most importantly fosters a conscientious and rational evolution of the system as a whole.
KEYWORDS
Kafala, Child protection measures, Child superior interest