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EAW and surrender of a mother of a child who, even if over 3 years of age, requires continuous material and emotional care
Summary
In the context of extradition for foreign countries, the status of a mother of a child who, even if over three years of age, requires continuous material and emotional care entails that surrender must be made conditional upon the existence, in the requesting State, of adequate guarantees ensuring that the requested person can maintain contact with her children. Such arrangements need not mirror those provided for under the Italian penitentiary system, but must nonetheless be sufficient to safeguard the psychophysical integrity of the child, the parent, and the family unit as a whole.
22/12/2021 · Italian Supreme Court · 47125/2021
🇮🇹Italy → 🇧🇪Belgium
Reversal and remandEAW