Restrictions to Religious Worship during COVID-19: A Bird’s-eye View of Court Decisions from Selected European Countries and the European Court of Human Rights

The COVID-19 pandemic has put the spotlight on the justification, basis, and scope of limitations of rights and freedoms during public health crises. As stated by Javier Martínez-Torrón, “COVID-19 has served to cast new light on how our legal systems face issues that are essential in our conception...

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Subtitles:Special Issue on Governments’ Legal Responses and Judicial Reactions during a Global Pandemic: Litigating Religious Freedom in the Time of COVID-19
Authors: Du Plessis, Georgia (Author) ; Portaru, Adina (Author)
Format: Electronic Article
Language:English
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Published: Oxford University Press 2022
In: A journal of church and state
Year: 2022, Volume: 64, Issue: 4, Pages: 641-662
Standardized Subjects / Keyword chains:B Religious freedom / COVID-19 (Disease) / Pandemic / Jurisdiction / Europe
IxTheo Classification:SA Church law; state-church law
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Summary:The COVID-19 pandemic has put the spotlight on the justification, basis, and scope of limitations of rights and freedoms during public health crises. As stated by Javier Martínez-Torrón, “COVID-19 has served to cast new light on how our legal systems face issues that are essential in our conception of the rule of law, and manifest with special clarity in moments of crisis.” In terms of the right to freedom of religion or belief (FoRB), the pandemic has also shed light on how several European countries and their legal systems interpret this right in moments of crisis and under the rule of law. Although the economic and public health complexities raised by a pandemic are vast (and exacerbated by an initial lack of scientific knowledge), it remains that FoRB is among the rights most affected by the pandemic (together with freedom of movement and assembly). It is therefore fundamental for states to institute measures mitigating the pandemic’s consequences for the immaterial and spiritual, that is, beyond biological and economic considerations only. This article makes recommendations, based in legal analysis, as to how state authorities and other entities can best do this ...
ISSN:2040-4867
Contains:Enthalten in: A journal of church and state
Persistent identifiers:DOI: 10.1093/jcs/csac047