COVID-19 and Religious Freedom: Some Comparative Perspectives

Javier Martínez-Torrón
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Javier Martínez-Torrón: Complutense University of Madrid, 28040 Madrid, Spain

Laws, 2021, vol. 10, issue 2, 1-16

Abstract: The government’s measures against COVID-19 have raised, in virtually all contemporary democracies, important issues regarding the proportionality of limitations on fundamental rights, including freedom of religion or belief. This paper analyses some of those issues with particular reference to religious freedom, in the light of the experiences of various European and American countries. It also examines the cooperation (or lack of) between governments and religious communities in the fight against the pandemic, as well the response of religious communities to anti-COVID-19 rules, which has included recently some litigation alleging the unequal treatment of religion in comparison with other activities or institutions. The author argues that more dialogue and reciprocal cooperation between governments and religious communities (and civil society in general) is needed in this type of crisis, as well a strict scrutiny of restrictions imposed on freedom of religion from the perspective of proportionality and equality.

Keywords: COVID-19; religious freedom; fundamental rights; discrimination; proportionality; cooperation between government and religious communities; public health (search for similar items in EconPapers)
JEL-codes: D78 E61 E62 F13 F42 F68 K0 K1 K2 K3 K4 (search for similar items in EconPapers)
Date: 2021
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