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The Right of Religious Freedom in Light of the Coronavirus Pandemic: The Greek Case

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  • George Androutsopoulos

    (Athens Law School, National and Kapodistrian University of Athens, 106 72 Athens, Greece)

Abstract

The purpose of this article is to take into consideration the impact of unprecedented restrictions due to COVID-19 on the exercise of religious freedom according to the Greek legislation and case-law. The crucial fact to be examined is the proportionality of the exceptional measures of the Greek State. At the beginning of the pandemic, religious ceremonies were allowed only in the presence of clerics, but nowadays they are permitted on the condition that the measures of “social distancing” are being followed strictly. As it is generally accepted, the Greek State managed to deal with the pandemic without deviations from constitutional order and protection of fundamental rights, in accordance with a “pressing social need”. In this context, the case-law of the Greek courts is of great importance, which ruled that the above mentioned restrictions did not offend the principle of proportionality, especially because of their temporary and short-term character. Nevertheless, these restrictive measures must be revised from time to time, considering the updated, epidemiological data in order to be selected the most appropriate and less stringent on a case-by-case basis. Consequently, these judgments do not give government a blank cheque regarding the management of the pandemic, but rather provide them with a clear framework which is able to guarantee the measures’ accordance with the Greek Constitution. However, the potential risk that people may become used to the restrictions imposed after the crisis has passed must not be overlooked.

Suggested Citation

  • George Androutsopoulos, 2021. "The Right of Religious Freedom in Light of the Coronavirus Pandemic: The Greek Case," Laws, MDPI, vol. 10(1), pages 1-9, February.
  • Handle: RePEc:gam:jlawss:v:10:y:2021:i:1:p:14-:d:504264
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    References listed on IDEAS

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    1. Christoph Engel, 2011. "Law as a Precondition for Religious Freedom," Discussion Paper Series of the Max Planck Institute for Research on Collective Goods 2011_06, Max Planck Institute for Research on Collective Goods.
    2. Mark Hill QC, 2020. "Coronavirus and the Curtailment of Religious Liberty," Laws, MDPI, vol. 9(4), pages 1-19, November.
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    Cited by:

    1. Adelaide Madera, 2021. "The Implications of the COVID-19 Pandemic on Religious Exercise: Preliminary Remarks," Laws, MDPI, vol. 10(2), pages 1-10, June.

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