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L’Eglise catholique, la liberté de culte et l’épidémie (suite)

  • December 2020
    On 16 November 2020, the representatives of the religious denominations met with Prime Minister Jean Castex and Interior Minister Gérald Darmanin to study possible changes in the modalities of religious practice in the context of the Covid-19 pandemic. Nevertheless, on 24 November, when President of the Republic Emmanuel Macron detailed the measures for easing the second containment that France has been undergoing since 29 October, he announced that attendance at religious services would be limited to 30 people. The leaders of the different religious groups expressed their surprise and their regret that they had not been given a better hearing, judging this limit to be unreasonable and inapplicable.
    Because of the importance they attach to participation in mass, the Catholics in particular have strongly advocated for this. Launched during the first weekend of confinement, the Pourlamesse.fr petition had collected more than 100 000 signatures in one week. The demand came from the most traditionalist circles, and was finally supported by the French Bishops’ Conference, which on 27 November filed a reference to the Conseil d’Etat (Council of State), along with several other associations.
    In its decision of 29 November 2020, the President of the Court ordered the government to modify this limit of 30 people within three days, by adapting it, for example, to the surface area of the establishments or to their capacity, so that it is strictly proportionate to the health risk. The Conseil d’État found that "the particular nature of religious ceremonies is not sufficient to justify the 30-person limit imposed on all religious establishments, regardless of their size", that this limit was disproportionate to the objective of preserving public health and that the government had seriously and manifestly unlawfully infringed the fundamental freedom of worship.
    He called for consultation with the representatives of the principal religions.
    On 2 December, in a press release, the Minister of the Interior, Mr. Darmanin, stated that in the context of the discussions with the representatives of the various religions, "a new presence gauge in the religious buildings has been established". Religious ceremonies are authorised on condition that two seats are left free between each person or family, as well as having only every second row occupied.
    Discussions are to continue, in order to prepare the evolution of the containment measures expected by 15 December.

See Decree N 2020-1505 of 2 December 2020 modifying decrees n° 2020-1262 of 16 October 2020 and n° 2020-1310 of 29 October 2020 prescribing the general measures necessary to deal with the covid-19 epidemic in the context of a state of health emergency

D 3 décembre 2020    AAnne-Laure Zwilling

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