Famiglie, pluralismo e laicità. Processi di secolarizzazione nel diritto di famiglia

Di Maurizio Di Masi -

The essay analyzes the role of secularism and the pluralism of values in Italian family law since the Twentieth century. The author identifies two recent processes, or phases, of secularization: a first phase – corresponding to the constitutionalization of family law – began with the law on divorce (Law No. 898 of 1970) and with the reform of family law of 1975 (Law No. 151). This phase ended with the Law No. 40 of 2004 on medically assisted procreation, which represents a clear break with the secular legislative policies of the family, carried out since the ’70s. The second phase of secularization of family law, still in progress, is instead characterized by the pervasive function of the rhetoric of human rights, which is leading to the recognition of different family models and a greater propensity and openness towards multicultural experiences.