Panel: EMERGENCIES AND RELIGIOUS LAWS



956.7 - LAW AND POST COVID-19. LEGAL CONSEQUENCES OF THE PANDEMIC EMERGENCY ON THE COMPLEX BALANCES BETWEEN RELIGIOUS FREEDOM AND RIGHT TO HEALTH

AUTHORS:
Rea F.S. (Università degli Studi di Napoli "Federico II" ~ Napoli ~ Italy)
Text:
The pervasive health crisis engendered by the strain of SARS-Cov-2, by the public and healthcare professionals alike, has had the insidious effect of further complicating the intricate relationship between religious freedom and public health. The former has now been redefined in the context of the latter, no longer regarded in an individualistic manner but rather within a paradigm of collective responsibility and the mobilization of societal obligations for the preservation of public well-being. Among the strategies employed to prevent and suppress the spread of the infection, vaccines have assumed a prominent role. However, given their experimental nature and mandatory administration, these vaccines have prompted a reflection from jurists on new forms of conscientious objection, including those that are in direct opposition to the Catholic moral standards, particularly with regard to the utilization of mRNA vaccines, which were developed through the use of cell lines derived from aborted foetuses. One such example is the Italian Court of Cassation's Order No. 2549/2025, which is part of a delicate framework involving a tension between the right to health and conscientious objection to certain health treatments, especially to hemotransfusions in which the blood came from individuals vaccinated against the Covid-19. This tension is further compounded by the minor age of the individual involved. This scenario necessitates a thorough examination of the legal ramifications of the pandemic on the boundaries of exercising religious freedom in the context of the right to health. Moreover, it highlights the potential for a well-defined conscientious objection framework to serve as a regulatory mechanism, ensuring that these two fundamental rights do not become diametrically opposites, but rather function in a harmonious and balanced manner.