Italian separation and religious differences between the spouses
Religious freedom is one of the core value of Italian legal tradition and it reflects individuals’ freedom to believe and finding salvation in any God. At the same time, Italian Law protects individual’s freedom to not have any religion. Religious freedom is even more delicate when an issue raises between separated spouses.
In the present case, Italian first instance court has decided (Ordinance No. 8519/2020) about minor’s religious freedom in the context of a separated couple. Specifically, Court ordinance lifted the prohibition against a mother willing to bring her daughter to Jehovah’s Witnesses meetings. This decision came as consequence of mother’s request to change child custody condition.
In such context, children interest has primary importance. Children have the right to live a healthy and equilibrate life according to their needs and expectations. The fact that parents have different religions would never constitute an obstacle to the education of the children. In the present case, the judge has stated that religious freedom entails a substantial freedom for the children to attend religious events they want.
Religious difference between spouses will never constitute a hazard for children education while they will always be free to follow any religion.