X v Y: Italy and Kafalah

Author: Giovanni Giudetti

The Islamic institution of kafalah, which finds its origins in northern Africa, has given rise to different opinions and ways of dealing with family reunification in European countries[1]. In order to better understand this issue with a deeper analysis of the measures adopted by EU member States[2], we examine this through the lens of the Italian Corte di Cassazione[3], which denies the right to family reunification for children in care through kafalah. In the case X v. Y an Italian citizen of Moroccan origin applied for and obtained custody through kafalah of his two nephews from the Moroccan authority, in order to provide his brother’s children, who were left fatherless, with accommodation, maintenance, education and protection in his country of residence, Italy. Continue reading