L'adempimento degli obblighi genitoriali di cui all'articolo 147 c.c.: esistono standard minimi di diligenza, prudenza e perizia?

Present work represents a detailed reflection on what has to be exactly meant by “parental obligations”, such as regulated in Article 147 of the Civil Code, "Duties toward children", that, taking the provisions of Article 30 of the Constitution, affirm the obligation for parents to "maintain and educate their offspring, taking into account the capabilities, natural inclinations and aspirations of children”. More than addressing the issues of instruction and material maintenance, for which any deficiencies are easier to ascertain, the focus is strictly pointed on educational aspects. Given the complexity of the concept of "parenting" and the subjectivity of the individual resources and needs that characterize each child, it is difficult to assess or measure from the outside if the parenting duties have met the above parameters. The literature does not provide useful elements for the purpose: rather than focus attention on the concepts of "diligence, prudence and skill" in performing the duties parenting, it is mainly occupied to analyze any form of real “abuse of power” or serious and objective shortcomings of parents towards their children, which fall in the categories of "psychological abuse" or "negligence". After examining the parental role in its multiple legal, social and emotional aspects, drawing from the psychological and pedagogical knowledge, the work shows that it is impossible and even dangerous to identify minimum standards relevant to the assessment of a "correct" performance of parental duties, which should form the basis for the evaluation of the negligent default in this field.