Genitori nell'ombra: analisi della riforma penitenziaria alla luce delle esigenze di tutela della persona nella relazione genitore/figlio

Developed from the title “Parents in the shadows : an analysis of prison reform in the light of protection of people within the relationship between parent/child” is divided into two main parts. In the first part a thin line is outlined of prisons and their political tendencies, which inspired the 1975 reform until more recently adjusted regulations, with particular reference to privileges which the law reserves to law enforcement establishments and their prisoners, in order to guarantee the protection of personal and family relationships during the execution of criminal sentences. In the second part, you can find the results of an empirical research involving the three law enforcement establishments which are located in the Molise Region (Campobasso, Larino and Isernia) in the offices of the UEPE in Campobasso (External Criminal Execution Office) which has jurisdiction over the whole regional territory. Field research was based, initially, on a quantitive type of data collection, successively it availed itself of its own enquiries, more specifically of a qualitative nature, including in-depth interviews (with a semi-structured outline) and the focus group. The typology of the people involved in the qualitative investigation include : institutionalised figures ; external collaborators and voluntary representatives ; prisoners ; spouses and children of prisoners. The whole picture, in a final analysis, besides highlighting the potential and limits of the present regulations which are currently in act in order to guarantee the maintaining of the relationship between parent-prisoners and their child, tries to grasp the specifics (with regards the investigated topic) of the differences between the written law and the possibility of their effectual carrying out, in an attempt to capture the relationship with structures, organisations and personnel. Substantially assuming that the problematics of being a parent in prison have no foundation in the sole judicial system, therefore it is not only in abstract law that it can be understood and subsequently finding a solution. The research, besides giving ample room to the direct experience of the people who, in some way or another, are involved in the complex question, and as well as taking note of the relationship between legislation and normal procedures, attempts to capture the effect on cultural factors on the application of judicial regulations which see them expanding and restricting their actual potential according to the outlines of those who are obliged to interpret, apply and enforce them.