TRAMPLING CONSTITUTIONAL RIGHTS
(cont...)

COMPARISON 3:

Council of Europe:

Parliamentary Assembly of the Council of Europe, June 1999:

“The state could agree to adopt the course suggested by certain groups and distinguish between religions... and sects.... once again we do not think that such an approach is acceptable. Under Article 9 of the European Convention on Human Rights, states are prohibited from distinguishing between different beliefs and from creating a scale of beliefs which is, in our view, unacceptable. Merely making such a distinction would constitute a disproportionate violation of the freedom guaranteed by Article 9 of the European Convention of Human Rights because the very basis of this freedom is the absence of distinction between beliefs, which explains the state’s duty to maintain neutrality.”

Statement:

Jean Pierre Brard, vice president of the 1996 Parliamentary Commission on Sects.

“Only special legislation, establishing the crime of being a member [of a sect] would make it possible to fight this phenomenon.” (France Soir, December 27, 1995.)

“We must create a crime of being a cult.” (Telemara, January 31, 1996.)

COMPARISON 4:

International Law:

Concluding document from the Vienna Conference of the Organisation for Security and Cooperation in Europe, March 1989:

“... participating states will... take effective measures to prevent and eliminate discrimination against individuals or communities on the grounds of religion or belief....”

Statement:

Alain Gest, former member of parliament, co-author of the 1996 Parliamentary Report on Sects:

“I would favor the creation of a magistrates corps, specialized in this field, modelled after what has been done for terrorism.” (quoted in La Rue, September 1997.)

COMPARISON 5:

United Nations Human Rights Committee:

General Comment of the U.N. Human Rights Committee on Article 18 of the International Covenant on Civil and Political Rights, protecting the freedom of thought, conscience and religion:

“Article 18 is not limited in its application to traditional religions or to religions and beliefs with institutional characteristics or practices analogous to those of traditional religions. The Committee therefore views with concern any tendency to discriminate against any religion or belief for any reasons, including the fact that they are newly established, or represent religious minorities that may be the subject of hostility by a predominant religious community.”

Statement:

Jean Pierre Brard, vice president of the 1996 Parliamentary Commission on Sects:

“We had a debate in February 1996 in the National Assembly where I was the only one to say that we had to pass laws. Today we have already passed a law once and we are going to do it again next month in the parliament... one day we will have to define in our laws what is a sect.” (France TV 3, May 6, 2001)