Matrimonio, relazioni familiari e discriminazioni di genere. Israele alla prova della secolarizzazione

Among the Western-style democracies, no other country experiences the problem of religion’s place more intensely than Israel. This is the consequence of the ambiguities inherent in the ‘Status quo agreement’, which proclaimed Israel simultaneously a ‘Jewish’ and a ‘democratic’ state. This dualism, which has given rise to a close interconnection between law and religion, interferes with all aspects of the Israeli legal system and, above all, with family law. The pan-religious vision of the family in Israel is, however, questioned by legislators and jurisprudence, both of which aim to guarantee respect for the protection of fundamental rights, in particular the principle of equality within marital relations. There have been numerous corrective actions taken by the Supreme Court, which, faithful to its para-constitutional role, has proceeded to build a judicial bill of rights, ensuring balance between the secular and religious forces extant in the country.