La kafalah come strumento di protezione del minore nella giurisprudenza italiana e francese

This contribution, after an introductory analysis on kafalah as an instrument of child protection, dwells on the framing of this institution within the Italian and French legal systems, without neglecting the central role played by supranational jurisprudence. This comparative approach shows how religiously derived institutions are influenced by the different concept of secularism: France has preferred to intervene by imposing legislative criteria for the recognition of the effects of the kafalah, while Italy has granted greater scope to the judiciary.