La protezione del minore e il diritto di visita nell’ ordinamento giuridico italiano: una lettura di pedagogia critica sul servizio di Spazio Neutro

Abstract

This paper addresses the issue of child protection in the Italian legal system from a pedagogical perspective. This viewpoint recognizes the significance of law as an integral part of the pedagogical discourse. On the one hand, legal provisions directly impact the design of educational services, defining boundaries and opportunities for educational actions and for the related pedagogical documentation. On the other hand, the legal discourse itself offers a specific standpoint on the main challenges faced by educators, teachers, and pedagogists in their work. This includes issues related to families, child protection and custody, FAPA orders, foster care and adoption, family emergencies, and the role of court consultants. In this context, the paper discusses the most relevant legal aspects concerning child protection in the Italian legal system. It provides a pedagogical commentary on both legal rules and one of the services that exemplifies the critical and fruitful relationship between law and pedagogy: Neutral Space (on supervised visitation). This service is planned and overseen by educators on behalf of the Social Services. By examining this topic, the paper explores how the legal regulations not only establish boundaries and possibilities for educational action but also contributes to a deeper understanding of the pedagogical nature of the service. By adopting this approach, the paper aims to shed light on how the juridical framework not only influences educational practices but also facilitates a more comprehensive integration of pedagogy within the service.