Participation in Public Religious Practices During the COVID-19 Pandemic. Between Various Limitations and Their Proportionality

Abstract

The right to manifest religion or belief in community with others is one of the essential components of religious freedom. However, it has been significantly curtailed in many countries owing to the Covid-19 pandemic. This article identifies the scope of the introduced restrictions, their proportionality, and their impact on the functioning of religious communities. Section 1 sets out three different approaches to participation in public religious practices in selected countries with severe (Germany), moderate (Poland), and liberal (Belarus) restrictions. In section 2, an international perspective on access to religious buildings in times of emergency is presented. The conclusions of this research are juxtaposed in section 3 with the jurisprudence of the highest national courts in Germany, the United States, and France, in order to highlight proportional legal solutions for the protection of religious freedom and public health. In the last section, the consequences of the introduced restrictions are analysed from the perspective of religious associations, using the example of Poland. Lastly, predictions concerning future participation in religious services are also made.