Cultic Studies Journal, Vol. 9, No. 1, 1992, Page 67
8. Should There Be Special Laws or Regulations on Sects?
Most of the activities of which certain sects are accused constitute common law offenses. And
when manifest offenses are repeated, a sect can be banned.
Even so, there are certain difficulties which should not be overlooked. In the case of minors,
for example, children of sect members, where the problem of initiating proceedings to protect
them arises, two measures are advisable:
Firstly, states which have not yet done so should be urged to ratify the European
Convention on custody of children
Secondly, public prosecutors' departments should be given authority to institute
judicial proceedings, whenever this is not already possible.
The problem of a possible legal vacuum arises particularly in the case of adult "victims" of
sects. This would seem harder to solve, since it involves questions of individual freedom and
ethics.
Should there be regulations on "dangerous" sects as such? How to distinguish between them?
Should the risk be taken of interfering with the freedom of conscience or religion of a large
number of people for the sake of protecting a minority?
Surely the solution should be to prevent rather than cure? Preventing would primarily mean
informing the public for, as we have seen, sects are mainly dangerous because people know
so little about them.
9. Conclusions
To permit genuine monitoring of their activities:
--sects should be obliged to register, indicating all their offshoots, and a priori
supervision should be possible on the basis of their statutes
--it should be possible to give the status of religious or cultural associations to all
movements whose aims satisfy the relevant statutory criteria
--information on the nature and activities of sects should be provided, particularly for
adolescents. Independent bodies could be given the task of collecting and circulating
this information
--to protect minors and prevent abductions and transfers abroad, the member states
should ratify the European Convention on recognition and enforcement of decisions
concerning custody of children and on restoration of custody of children (1980 STE
105) and adopt legislation giving it effect
--to protect members who work for sects, often without pay, the authorities should
ensure that they are registered and enjoy social welfare protection, such as health
insurance, unemployment insurance (upon leaving the sect), pension scheme
contributions, etc.
Reporting committee: Committee on Legal Affairs and Human Rights.
Budgetary implications for the Assembly: None.
Reference to committee: Doc. 5737 and 5767, Reference No. 1568 of 1 July 1987.
Draft recommendation: unanimously adopted by the committee on 13 November 1991.
8. Should There Be Special Laws or Regulations on Sects?
Most of the activities of which certain sects are accused constitute common law offenses. And
when manifest offenses are repeated, a sect can be banned.
Even so, there are certain difficulties which should not be overlooked. In the case of minors,
for example, children of sect members, where the problem of initiating proceedings to protect
them arises, two measures are advisable:
Firstly, states which have not yet done so should be urged to ratify the European
Convention on custody of children
Secondly, public prosecutors' departments should be given authority to institute
judicial proceedings, whenever this is not already possible.
The problem of a possible legal vacuum arises particularly in the case of adult "victims" of
sects. This would seem harder to solve, since it involves questions of individual freedom and
ethics.
Should there be regulations on "dangerous" sects as such? How to distinguish between them?
Should the risk be taken of interfering with the freedom of conscience or religion of a large
number of people for the sake of protecting a minority?
Surely the solution should be to prevent rather than cure? Preventing would primarily mean
informing the public for, as we have seen, sects are mainly dangerous because people know
so little about them.
9. Conclusions
To permit genuine monitoring of their activities:
--sects should be obliged to register, indicating all their offshoots, and a priori
supervision should be possible on the basis of their statutes
--it should be possible to give the status of religious or cultural associations to all
movements whose aims satisfy the relevant statutory criteria
--information on the nature and activities of sects should be provided, particularly for
adolescents. Independent bodies could be given the task of collecting and circulating
this information
--to protect minors and prevent abductions and transfers abroad, the member states
should ratify the European Convention on recognition and enforcement of decisions
concerning custody of children and on restoration of custody of children (1980 STE
105) and adopt legislation giving it effect
--to protect members who work for sects, often without pay, the authorities should
ensure that they are registered and enjoy social welfare protection, such as health
insurance, unemployment insurance (upon leaving the sect), pension scheme
contributions, etc.
Reporting committee: Committee on Legal Affairs and Human Rights.
Budgetary implications for the Assembly: None.
Reference to committee: Doc. 5737 and 5767, Reference No. 1568 of 1 July 1987.
Draft recommendation: unanimously adopted by the committee on 13 November 1991.
