The crisis caused by the COVID- 19 pandemic has brought up many health, legal, socioeconomic and geopolitical concerns and uncertainties. The authors attempt to answer one, so far rarely treated, narrow legal question — the exercise of freedom of religion in its collective aspect in the conditions of pandemia. With offering the wider picture (justification) of securitization as a state response to the emerging danger, the central point of work remains a problem where medicine, law and theology are interwined. The answer to the question of whether, at a time of de facto or de jure state of emergency, freedom of religion and especially its collective aspect can be restricted, and what a restrictive measure it must (not) be to satisfy the proportionality requirement under the proportionality test, the authors will offer on the example of regulation of this issue in Montenegro.
Abstract
UDC:
342.731(497.16)"2020"
351.77:[616.98:578.834(497.16)"2020"