To legislate against “sects”?

In December 1995, sixteen members of the Order of the Solar Temple were found dead. This tragedy sparked a determination among politicians in Europe to act against so-called “sects” so that such an event would never happen again. The Evangelical community shared the politicians' horror. Indeed, we remain concerned that serious abuse may continue to take place within some extreme religious groups. However, we agreed with both the European Parliament and the Parliamentary Assembly of the Council of Europe when they concluded that legislating specifically against “sects” was both impossible (because a “sect” cannot be defined) and potentially dangerous from a human rights point of view. Council of Europe Resolution 1309 (2002) criticised French policy against religious minorities and asked them to reconsider their “sect” law.

Article 9 of the European Convention of Human Rights sums up wise policy on religious freedom. It states that everyone is free both to change and to manifest his religion in private or in public, alone or in community. It goes on to say that “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.” This puts duties on religious groups to behave reasonably. It also limits the power of outsiders to interfering only when absolutely necessary.

Abuse, be it physical, mental, emotional or financial, can take place within religious communities. Sadly, it can and does take place in every other kind of grouping: the family, a youth organisation, a company, a political party. Society must seek to protect the vulnerable through reasonable guidelines and laws that are valid for all, not just for religious groups. Any investigation of abuse must be carried out by dispassionate professionals who follow clear judicial procedures that allow thorough and fair gathering and evaluation of evidence.

“Mental manipulation” is a potential danger. However, the term cannot be clearly defined. One person's powerful preaching or advice given in the confessional box could be interpreted by someone else as “mental manipulation”. Any attempts by society to help victims of this phenomenon must be governed by very strict regulations to ensure that intervention only takes place where there is absolute proof of abuse. Human rights experts, the European Parliament & Council of Europe have decided that existing laws governing the policies of both the social services and police are adequate for these cases. Specific legislation is unhelpful.

The European Evangelical Alliance unites a huge variety of Evangelicals (Anglican, Baptist, Brethren, Charismatic, Independent, Lutheran, Methodist, Pentecostal etc) by a statement of faith that upholds the creeds of the wider Christian Church and the Bible as the highest authority. While we may strongly disagree with the theology of groups referred to as “sects”, we believe that religious freedom must be a right for all unless there is proven abuse taking place. That is why we urge political leaders to resist “sect” legislation, however well meaning, because it is likely to put religious freedom in danger.

Julia Doxat-Purser, EEA Religious Liberty Coordinator, June 2004.