Solidarity, Religious Freedom and COVID-19: The Case of the Ultra-Orthodox Sects in Israel

forthcoming Netherlands Journal of Legal Philosophy 2021

Hebrew University of Jerusalem Legal Research Paper 21-28

19 Pages Posted: 25 Oct 2021 Last revised: 16 Nov 2021

See all articles by Miriam Gur-Arye

Miriam Gur-Arye

Hebrew University of Jerusalem - Faculty of Law

Sharon Shakargy

Hebrew University of Jerusalem - Faculty of Law

Date Written: June 30, 2021

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.

Keywords: Social solidarity, Covid-19, Religious freedom, Cultural defence, ultra-Orthodox sects in Israel

Suggested Citation

Gur Arye, Miriam and Shakargy, Sharon, Solidarity, Religious Freedom and COVID-19: The Case of the Ultra-Orthodox Sects in Israel (June 30, 2021). forthcoming Netherlands Journal of Legal Philosophy 2021, Hebrew University of Jerusalem Legal Research Paper 21-28, Available at SSRN: https://ssrn.com/abstract=3948940 or http://dx.doi.org/10.2139/ssrn.3948940

Miriam Gur Arye (Contact Author)

Hebrew University of Jerusalem - Faculty of Law ( email )

Mount Scopus
Mount Scopus, IL 91905
Israel

Sharon Shakargy

Hebrew University of Jerusalem - Faculty of Law ( email )

Mount Scopus
Mount Scopus, IL 91905
Israel

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