Pluralismo culturale, moralità pubblica e tutela penale nella giurisprudenza della Corte Europea dei diritti dell’uomo

[Machine translation] This paper examines certain relationships between European multiculturalism and criminal intervention in the restrictions on the exercise of certain rights. It has been seen that the criminal repression of certain culturally oriented or justified conduct is, expression of a strong legal paternalism, with results, however, quite, modest. The criminal protection of taboos such as the prohibition of incest and the search for, a shared European morality has led the Court of Strasbourg to draw up a, indefinite notion of margin of appreciation with the effect of not making jurisprudential decisions predictable and of seeing fundamental rights such as freedom of expression of thought and life compressed beyond what is necessary, private and family. A revision of the margin of appreciation would be, desirable, especially in view of the necessary creation, by, of the ECHR jurisprudence, of an autonomous concept of morality, of public order in the light of the Convention and not of the law of individual States., ***, This paper examines certain relationships between European multiculturalism and criminal intervention in the restriction of some rights. It has been seen that the criminal repression of certain culturally oriented or justified behaviours is an expression of 'strong' legal paternalism, with rather modest results, however. The criminal protection of taboos such as the prohibition of incest and the search for a shared European morality has led the Strasbourg Court to develop an indeterminate notion of margin of appreciation, with the effect of making judicial decisions unpredictable and restricting fundamental rights, such as freedom of expression and private and family life more than necessary., A review of the margin of appreciation would be desirable, especially in view of the need for, the ECHR case law to create an autonomous concept of morality and public order in the light, of the Convention and not of the law of individual States.