Sunday, September 2, 2007


Some countries, expressing concern with possible abuses by groups they regard as cults, have for a variety of reasons implemented restrictive measures against some of the activities of organizations which they see as cults. Against a background of suspicion of, and generally low regard for, identified cults (in French: sectes, in German: Sekten), such measures sometimes intensified in the wake of various crimes committed in connection with certain so-called "cults", especially following a string of murderous incidents involving doomsday cults circa 1995

Historical background

Specific cases
For official legislative measures taken against the practice of Scientology in Australia, see Church of the New Faith.

Australia
In Belgium, the Belgian Parliamentary Commission on Cults submitted a report to the Belgian Parliament in 1997. The report differentiated in its conclusions between three types of "sectes":
The report Belgium
According to Edward Irons,

Huhan Pai (The Shouters)
Beili Wang (The King Who Has Been Established)
Zhongchua Dalu Xingzhen Zhishi Zhan (Administrative Station of the Chinese Mainland)
Zhushen Jiao (Religion of the Primary Deity)
Dami Xuanjiao Hui (Dami Mission Church)
Children of God
Xinyue Jiaohui (Congregation of the New Testament)
Lingxian Zhen Fozong (Immortal True Buddha)
Guanying Famen (The Quanyin Method)
Mentu Hui (Association of Disciples)
Quanyuanwei Jiaohui (Religion of the Complete Garden)
Lingling Jiao (Teachings of the Luminous Spirit) China
While the constitution of the United States (for example) allows no legislation on religion, things differ in Europe. The Council of Europe, to which 46 European nations belong, has had in force since 1953 a "Convention for the Protection of Human Rights and Fundamental Freedoms", which defines religious freedom and sets certain limits to it:
Article 9 Freedom of thought, conscience and religion

1. Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief and freedom, either alone or in community with others and in public or private, to manifest his religion or belief, in worship, teaching, practice and observance.
2. Freedom to manifest one's religion or beliefs shall be subject only to such limitations as are prescribed by law and are necessary in a democratic society in the interests of public safety, for the protection of public order, health or morals, or for the protection of the rights and freedoms of others.
On June 22, 1999 the Council of Europe Parliamentary Assembly adopted, unanimously, in view of the "the serious incidents which had occurred in recent years" a recommendation which gives priority to the provision of information on sects. The recommendation regards major legislation on sects as undesirable, but it calls on the member states:
i. where necessary, to set up or support independent national or regional information centres on groups of a religious, esoteric or spiritual nature; ii. to include information on the history and philosophy of important schools of thought and of religion in general school curricula; iii. to use the normal procedures of criminal and civil law against illegal practices carried out in the name of groups of a religious, esoteric or spiritual nature; iv. to ensure that legislation on the obligation to enrol children at school is rigorously applied, and that appropriate authorities intervene in the event of non-compliance; v. where necessary, to encourage the setting-up of non-governmental organisations for the victims, or the families of victims, of religious, esoteric or spiritual groups, particularly in eastern and central European countries; vi. to encourage an approach to religious groups which will bring about understanding, tolerance, dialogue and resolution of conflicts; vii. to take firm steps against any action which is discriminatory or which marginalises religious or spiritual minority groups.

Council of Europe
On May 22, 1984 the European Parliament passed a resolution with the title "New Organizations Operating Under the Protection Afforded to Religious Beliefs" that expressed the Parliament's concern about the recruitment and treatment of the members of these new organizations.
On December 22, 1997 the Committee on Civil Liberties and Internal Affairs released an amended resolution named "Resolution on Cults in the European Union" and originally intended for voting on by the European Parliament in Strasbourg during the session of January 1998. The plenary of the European Parliament in July 1998 rejected the text of the resolution, with anti-cultists seeing it as too weak and religious-liberties activists considering it out of the scope of the European Parliament to decide. The resolution went back to the Commission for further consideration.

European Union

Main articles: About-Picard law and Status of religious freedom in France France
The German federal government does not accept (for example) Scientology's self-designation as a religion, but regards it as a business disguised as a religion. The German internal secret service, the Verfassungsschutz, monitors Scientology, and the German authorities place restrictions on its activities.
In 1997 the United States Congress failed to pass a proposed resolution related to "discrimination by the German Government against members of minority religious groups" that mentioned only Scientology-related examples of discrimination. See also Status of religious freedom in Germany.

Germany
The government of Iran treats members of some minority religious movements (such as Bahá'ís) as though they belong to cults, with restrictions on their rights and privileges. See religious minorities in Iran and Persecution of Baha'is.

Iran
In Switzerland there exists according to the constitution no legislation whatsoever about religion at the national level, only at the level of the cantons. At federal level Switzerland grants no church or religion or religious group any official recognition, and passes no legislation forbidding any religious groups.
Some cases involving the sentencing of members of religious groups and purported cults for breaking Swiss law include:

On 5 December 1997, a Swiss federal court sentenced one of the leaders of the theosophic Universal Church to a fine for publishing antisemitic statements. The defense claimed that the statements formed part of the teaching of the church, and its leader Peter Leach-Lewis has lost the right to enter Switzerland due to a similar charge.
On 3 April 2003 the Swiss federal court confirmed a sentence against Uriella, the leader of the Fiat Lux group, obliging her to pay back a large sum to an ex-member. The court reasoned that normal loan regulations apply also between leaders and members of cults.
On 10 June 1987 the penal court of Basel sentenced two Scientologists for continued extortion to a suspended prison sentence and to a fine because they had sold services at high prices to a physically and mentally handicapped person.
In December 2003 a court sentenced the head of Scientology Lausanne to a suspended prison-sentence and the payment of damages for defamation of a former member. Cults and governments United Kingdom
Timothy Miller, of the University of Kansas writes that no country in the world has a religious diversity as extensive as that found in the United States. He asserts that this religious diversity stems in significant part from the First Amendment to the United States Constitution, which guarantees that no religion will have governmental endorsement and that all Americans have the freedom to practise the religion(s) of their choice.

Bibliography
U.S. citizens should be aware that there have been unconfirmed reports of inappropriate sexual behavior by a prominent local religious leader at an ashram (religious retreat) located in Andhra Pradesh. Most of the reports indicate that the subjects of these approaches have been young male devotees, including a number of U.S. citizens.

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