Miriam Gur-Arye (Hebrew University of Jerusalem – Faculty of Law) & Sharon Shakargy (Hebrew University of Jerusalem – Faculty of Law) have posted Solidarity, Religious Freedom and COVID-19: The Case of the Ultra-Orthodox Sects in Israel (forthcoming Netherlands Journal of Legal Philosophy 2021) on SSRN. Here is the abstract:
The paper discusses the tension between social solidarity and religious freedom as demonstrated by the refusal of the ultra-Orthodox sects in Israel to comply with Covid-19 regulations. The paper provides a detailed description of the refusal to comply with the regulations restricting mass prayer services in synagogues and studying Torah in the yeshivas, thus interfering with the ultra-Orthodox religious life. The paper suggests possible explanations for that refusal, based on either religious beliefs or a socio-political claim to autonomy, and discusses whether the polity should be willing to tolerate such a refusal on the basis of the cultural defence. The paper concludes that the drastic restrictions which the regulations posed on religious life were justified by the need to reduce the spread of the pandemic. Under such circumstances, the enforcement of social distancing regulations must be given priority over religious freedom.