Religious Minorities and Health Emergencies: Global Approaches and Lessons Learnt from the COVID-19 Pandemic

Abstract

The paper investigates the complex landscape of religious minorities in different geographical and legal contexts, and the impact of the emergency generated by the Covid-19 pandemic, from a legal perspective, focusing on legislative and jurisprudential materials. After an introduction to the fluid nature of the notion of religious minority, the analysis is structured around thematic dichotomies that highlight tensions between opposing interests, such as religious versus secular authority and public health versus religious autonomy. Specific focus areas include exemptions for religious practices, the role of religious accommodations in public institutions, and the implications of religious practices on public health measures like burials and funerals. It also addresses the conflict between secular and religious activities, such as bans on gatherings, and the privacy concerns surrounding sensitive information versus public health demands. Further, the study discusses the issues of scapegoating and of the rise of hate speech in relation to freedom of expression. Finally, it evaluates positive practices and potential abuses in the consultation and collaboration with religious minorities. The conclusions compare diverging judicial approaches to the COVID-19 precautionary rules and focuses on faith engagement as the most successful approach to manage health emergencies, advocating for the recognition of religious minorities as allies rather than adversaries in crisis contexts.