This paper deals with the interplay between freedom of religion and the transnational recognition of personal and family status created abroad, focusing on the issue usually defined by the French legal literature as “conflits de civilisations”, inherent in the coexistence and inter-relationship between legal systems belonging to different cultural traditions. This problem has become particularly sensible in respect of family law issues, especially as concerns Islamic countries, where the religious precepts inherent in the Shari’ah play a significant role in the shaping of family relationships, frequently inspired by principles which are difficult to reconcile with those prevailing in the European countries, with particular regard to gender equality and freedom of religion. This problem is becoming all the more sensible with the current increase of migration, particularly from Islamic countries of Africa and the Middle East. As a consequence of this, cases where the recognition of family status acquired in an Islamic country is being sought in Europe are becoming all the more frequent, thereby posing a delicate issue in terms of balancing between competing rights, that to freedom of religion, which would require denying recognition to personal and family status acquired abroad in breach of such a right, and that to respect for private and family life, which would imply granting continuity to the status in question.

Libertà di religione e circolazione internazionale degli status personali e familiari

Marongiu Buonaiuti, Fabrizio
2019

Abstract

This paper deals with the interplay between freedom of religion and the transnational recognition of personal and family status created abroad, focusing on the issue usually defined by the French legal literature as “conflits de civilisations”, inherent in the coexistence and inter-relationship between legal systems belonging to different cultural traditions. This problem has become particularly sensible in respect of family law issues, especially as concerns Islamic countries, where the religious precepts inherent in the Shari’ah play a significant role in the shaping of family relationships, frequently inspired by principles which are difficult to reconcile with those prevailing in the European countries, with particular regard to gender equality and freedom of religion. This problem is becoming all the more sensible with the current increase of migration, particularly from Islamic countries of Africa and the Middle East. As a consequence of this, cases where the recognition of family status acquired in an Islamic country is being sought in Europe are becoming all the more frequent, thereby posing a delicate issue in terms of balancing between competing rights, that to freedom of religion, which would require denying recognition to personal and family status acquired abroad in breach of such a right, and that to respect for private and family life, which would imply granting continuity to the status in question.
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Utilizza questo identificativo per citare o creare un link a questo documento: https://hdl.handle.net/11393/248698
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