Freedom of / from Religion in Pubic Spaces? About New Law Proposal in Israel

Pablo Lerner is a professor of law at the Zefat Academic College and the College of Law and Business in Ramat-Gan (Israel). 

Last year a draft law was presented in the Israeli parliament[1] regulating a variety of issues regarding religion in public spaces. In particular, the law prohibits public authorities from interfering with the putting on of, or the helping of others put on, tefillim[2] (phylacteries) in public spaces. The draft law also prohibits public authorities from impeding the act of praying in a public space or public building. However, in a synagogue or educational institution, authorities may require that any prayer be conducted according to local Jewish custom. The draft law also establishes the duty to install a mezuzah[3] (scroll case) in public buildings.

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Clashing Vulnerabilities? Revisiting Executief van de Moslims in België and Others v. Belgium with Vulnerability Theory

Jelle Creemers is a professor and the academic dean of religious studies at the Evangelische Theologische Faculteit (ETF) in Leuven, Belgium.

The final judgment of the European Court of Human Rights (ECtHR) in the case of Executief van de Moslims in België and Others v. Belgium (13 February 2024) could not have been more clear. The seven judges unanimously held that the Flemish and Walloon decrees banning ritual slaughter of animals without prior stunning did not constitute a violation of Article 9 (freedom of religion or belief) or of Article 14 (nondiscrimination), read in conjunction with Article 9 of the European Convention on Human Rights (ECHR). This decision ended the appeal of several Belgian Muslim and Jewish organizations and individuals seeking a legal exemption that would allow them to slaughter animals according to their religious convictions. The ECtHR judgment prompted debate among, and critical feedback from, European FoRB experts.

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Religious Law and Human Rights

Bahá’í Temple in Wilmette, Illinois / Istock

This series examines religious law as a human rights issue. Drawing on a variety of cases, contributors explain how Muslim and Jewish law and adjudication operate in the secular legal system of the United Kingdom and the mixed legal order of the State of Israel; how religion is being utilized to alienate religious minorities in Iran and Pakistan; and why traditional courts sometimes successfully replace secular legal institutions in serving justice in Kyrgyzstan. What unites these contributions is the authors’ intent to challenge and deepen readers’ basic knowledge about the interplay between religious law and human rights norms in different legal settings. This series is based on presentations given at the ICLRS 32nd Annual International Law and Religion Symposium, 7 October 2025.

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