The present research examines the disputes concerning dysfunctional parent-child
relationships in the more general framework of the complex relationships between the
ECtHR and the Italian Courts. With this intent, it has ascertained that at the basis of the
differences existing between these two jurisprudential lines, European and Italians, there is
no problem of reciprocal invasion of the respective competence, nor a diversity
of principles and values to which the exercise of their respective judicial power is subject.
Rather, it is the different approach adopted by the said Courts in the interpretation of
fundamental principles, such as the best interest of the child, that creates misunderstandings
and distances and undermines their dialectical relationship. Only a greater awareness of their respective responsibilities and the role that each of the two Courts can play in overcoming the difficulties of their relationship can make the latter useful and functional, to the benefit of human rights, especially those of the younger generations