Identità culturale e diritti della persona nelle relazioni familiari: la clausola generale dell’ordine pubblico internazionale ed il ruolo del giudice

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Articolo

rivista	JUS
fascicolo	JUS - 2020 - 1
titolo	Identità culturale e diritti della persona nelle relazioni familiari: la clausola generale dell’ordine pubblico internazionale ed il ruolo del giudice Cultural identity and human rights in family relationships: the general clause of international public order and the role of the judge
autore	Roberta Montinaro
editore	Vita e Pensiero
formato	Articolo \| Pdf
online da	11-2020
doi	10.26350/004084_000050
issn	00226955 (stampa)

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Descrizione
Multicultural societies are characterized by the presence of ‘‘new minorities’’, bearers of their own cultural identity, as well as marriage and family models inspired by principles often found in customary law or in the legal systems of the religions of the countries of origin. In the context of family relations, legal issues related to multiculturalism tend to be resolved by the courts by applying the general clause of international public policy. The latter, however, is still at the centre of intense elaboration by legal scholars and, above all, by case-law. From this point of view, the essay examines various aspects, including polygamic marriage and repudiation, seen from the point of view of public order, as well as the legal position of the minor. With regard to the latter subject, in particular, it is noted that the judge must make a delicate effort to balance the protection of the child’s interests and the safeguarding of his religious and cultural identity. keywords legal multiculturalism, interlegality, cultural identity, religious freedom, international public order, polygamy, repudiation, self-determination of the child.

Descrizione

Multicultural societies are characterized by the presence of ‘‘new minorities’’, bearers of their own cultural identity, as well as marriage and family models inspired by principles often found in customary law or in the legal systems of the religions of the countries of origin. In the context of family relations, legal issues related to multiculturalism tend to be resolved by the courts by applying the general clause of international public policy. The latter, however, is still at the centre of intense elaboration by legal scholars and, above all, by case-law. From this point of view, the essay examines various aspects, including polygamic marriage and repudiation, seen from the point of view of public order, as well as the legal position of the minor. With regard to the latter subject, in particular, it is noted that the judge must make a delicate effort to balance the protection of the child’s interests and the safeguarding of his religious and cultural identity.

keywords

legal multiculturalism, interlegality, cultural identity, religious freedom, international public order, polygamy, repudiation, self-determination of the child.