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

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.