Cultic Studies Journal, Vol. 9, No. 1, 1992, Page 63
Europe. Indeed, the Council of Europe's name is already being used by some such
movements.
Finally and above all, your Rapporteur thought it unlikely that a hearing of this kind would
have thrown much additional light on the phenomenon.
This was why two experts specializing in the question were called in: Mr. Francis Messner,
lecturer at the CNRS (France) (doc. AS/Jur (41) 9), and Mr. Alan Tyrrell, Queen's Counsel at
Gray's Inn and S.H. Hancox, barrister of the Inner Temple, London (doc. AS/Jur (41) 4).
The present report is based on their two reports and on replies to a questionnaire sent to all
the delegations on the legal situation of sects in member states and the case-law to which
they have given rise.
2. Aim of the Report
In light of the above and considering that he had all the information which he needed, the
Rapporteur wishes to help to calm the debate and to make a number of practical proposals
which, without being spectacular, should open the way to solutions.
His problem was that of deciding whether special legislation was needed to regulate the
activities of sects or indeed, as some people would certainly like, to prohibit them.
We shall see why this approach cannot be recommended.
3. What is a Sect?
The Robert French dictionary gives the following definition: "An organized group of people
sharing the same doctrine within a religion," as well as a more up-to-date definition: "A group
with a religious or mystical basis whose members live in a community under the psychological
influence of one or more persons."
A study carried out in the Netherlands ("Overheid en nieuwe religieuse bewegingen") offers
the following description:
a group of people which has recently emerged in the spiritual field, characterized
either by a leader or by religious conceptions or by a particular form of behavior as a
group or by a combination of these aspects.
This study went on to distinguish three types of movement: oriental, evangelical, and
syncretic.
Alain Vivien, in his report, began by emphasizing the difficulty, indeed the impossibility, of
defining sects. He nonetheless drew a distinction between splinter groups of the major
religions and groups or associations of a philosophical, spiritualist, or mental development
type, dividing them into three categories which overlapped with those previously mentioned,
namely, orientalist, syncretical, and racist.
In other words, there is no generally accepted definition of the term sect. Most sects
themselves object to this designation, which has acquired pejorative connotations, and prefer
the term new religious movement, or even religion. Be this as it may, and with all due respect
to those who deny the existence of any connection between sects and religions, any attempt
at definition makes it clear that there is indeed a link.
4. Is a Sect a Religion?
First of all, what is a religion?
Professor Jacques Robert, who had the task of summing up the Parmer Seminar of New
Religious Movements (9-11 May 1988), did not think it possible to give a legal definition of
religion, any more than of sects.
Europe. Indeed, the Council of Europe's name is already being used by some such
movements.
Finally and above all, your Rapporteur thought it unlikely that a hearing of this kind would
have thrown much additional light on the phenomenon.
This was why two experts specializing in the question were called in: Mr. Francis Messner,
lecturer at the CNRS (France) (doc. AS/Jur (41) 9), and Mr. Alan Tyrrell, Queen's Counsel at
Gray's Inn and S.H. Hancox, barrister of the Inner Temple, London (doc. AS/Jur (41) 4).
The present report is based on their two reports and on replies to a questionnaire sent to all
the delegations on the legal situation of sects in member states and the case-law to which
they have given rise.
2. Aim of the Report
In light of the above and considering that he had all the information which he needed, the
Rapporteur wishes to help to calm the debate and to make a number of practical proposals
which, without being spectacular, should open the way to solutions.
His problem was that of deciding whether special legislation was needed to regulate the
activities of sects or indeed, as some people would certainly like, to prohibit them.
We shall see why this approach cannot be recommended.
3. What is a Sect?
The Robert French dictionary gives the following definition: "An organized group of people
sharing the same doctrine within a religion," as well as a more up-to-date definition: "A group
with a religious or mystical basis whose members live in a community under the psychological
influence of one or more persons."
A study carried out in the Netherlands ("Overheid en nieuwe religieuse bewegingen") offers
the following description:
a group of people which has recently emerged in the spiritual field, characterized
either by a leader or by religious conceptions or by a particular form of behavior as a
group or by a combination of these aspects.
This study went on to distinguish three types of movement: oriental, evangelical, and
syncretic.
Alain Vivien, in his report, began by emphasizing the difficulty, indeed the impossibility, of
defining sects. He nonetheless drew a distinction between splinter groups of the major
religions and groups or associations of a philosophical, spiritualist, or mental development
type, dividing them into three categories which overlapped with those previously mentioned,
namely, orientalist, syncretical, and racist.
In other words, there is no generally accepted definition of the term sect. Most sects
themselves object to this designation, which has acquired pejorative connotations, and prefer
the term new religious movement, or even religion. Be this as it may, and with all due respect
to those who deny the existence of any connection between sects and religions, any attempt
at definition makes it clear that there is indeed a link.
4. Is a Sect a Religion?
First of all, what is a religion?
Professor Jacques Robert, who had the task of summing up the Parmer Seminar of New
Religious Movements (9-11 May 1988), did not think it possible to give a legal definition of
religion, any more than of sects.
