OBSERVATORY OF LAW AND PLURALISM

The refusal of family reunification with children born of polygamous marriages does not violate Article 8 of the European Convention on Human Rights where it is based on public order and immigration-control considerations and strikes a fair balance between the family interests at stake and those of the State.

The Court of Turin found discriminatory and harassing the character of certain statements published by a famous public figure on his Facebook profile referring, in generalised terms, to Muslim, North African and foreign persons. The court held that the statements exceeded the limits of political and religious criticism because they associated ethnic, national or religious affiliation with a condition of inferiority and a generalised propensity to commit crimes. Applying the rules on discrimination, the court ordered the removal of the posts, awarded EUR 20,000 for non-pecuniary damage and ordered publication of the operative part in Corriere della Sera and on the defendant’s Facebook page for sixty days.

Article 13 of Royal Decree No. 636 of 14 April 1939 is constitutionally unlawful insofar as it does not allow the granting of a survivor’s pension to the surviving partner of a same-sex couple whose marriage was contracted abroad, where the other partner died before the entry into force of Law No. 76 of 20 May 2016.

Door to door preaching is protected by Art. 9 ECHR