Usu- ja veendumusvabadus kui põhiõiguste kaitse lakmuspaber COVID-19 kontekstis

Abstract

Freedom of Religion or Belief as a Litmustest of Fundamental Rights Protection in the Context of COVID -19

The COVID-19 pandemic has impacted on both religious individuals and communities. The restrictions placed on, but also exemptions from restrictions accorded to religious communities during the pandemic, need to be assessed regarding their justifications and proportionality. This article takes on the task to probe legal measures, and changing reactions of religious communities in Estonia in course of the pandemic to the same matters, but also court cases in the selected countries. The authors suggest that restrictions imposed in Estonia during the emergency situation in spring 2020 cannot be considered disproportionate. Neither were disproportional the restrictions imposed during the second wave. However, authors also argue that blanket restrictions, as well as blanket exemptions for religious communities, are not justified. Pandemic situation can have dramatic results on health and life of everybody, including religious individuals. Both restrictions and exemptions need almost daily assessment and re-assesment to maintain their proportionality; also, individuals should be convinced that these measures are justified. This is necessary for guaranteeing all fundamental rights during the pandemic, including right to life, right to health and freedom of religion or belief. It also may contribute to the effectiveness of the measures as they are being seen relevant and necessary.