On May 22,1984, the European Parliament Adopted the Following
Resolution:
On a common approach by the Member States of the European
Community towards various infringements of the law by new organizations
operating under the protection afforded to religious bodies, the European
Parliament.
accepting the principle laid down in Article 9 of the
European Convention for the Protection of Human Rights and Fundamental
Freedoms;
having regard to the EEC Treaty and in particular
Article 220 thereof,
having regard to the International Youth Year 1985,
having regard to the motions for resolution on:
distress caused by Sun Myung Moon’s Unification
Church (Doc. 1-2/82),
the activities of Sun Myung Moon’s Unification Church
(Doc. 1-109/82),
having regard to the report of the Committee on
Youth, CUIMM Education, Information and Sport and the opinion of the
Legal Affairs Committee (Doc.147/86),
having regard to the concern felt by individuals and
families in the community at the activities of certain organizations
described as “new religious movements” insofar as their practices
infringe human and civil rights and are detrimental to the position in
society of those affected;
B. stressing that full freedom of religion and
opinion is a principle in the Member States and that the Community
Institutions therefore have no right to judge the value of either
religious beliefs in general or individual religious practices;
C. convinced that, in this instance, the validity of
religious beliefs is not in question, but rather the lawfulness of the
practices used to recruit new members and the treatment they receive;
D. whereas the problems arising from the emergence of
the above mentioned organizations have attained worldwide dimensions,
occurring in all Member States, although to different degrees, and
having already promoted investigations, government action, and court
judgments in various Member States;
E. whereas the abandonment of their previous way of
life by the members of these organizations raises social issues and
issues connected with labor law, possibly adversely affecting not only
the individuals involved, but also the Community and the social system;
F. whereas it is very difficult, given the different
terms used to describe these organizations in the Member States, to find
a neutral expression which win be universally understood in the same
way;
Considers it necessary for the Councils of Ministers
responsible, that is to say the Ministers of the Interior and Ministers of
Justice meeting in European Political Cooperation, and the Council of
Ministers for Social Affairs, to hold an exchange of information as soon as
possible on the problems arising from the activity of the above mentioned
organizations with particular reference to the following arm;
(a) procedure applied in conferring charity status and
tax exemption on such organizations;
(b) compliance with the laws of the individual Member
States, for example Labor Law and social security legislation;
(c) consequences for the social system of failure to
comply with these laws;
(d) attempts to find missing persons and the
possibilities of cooperation ,with third countries for this purpose;
(e) ways in which the rights of members to personal
freedom may be infringed;
(f) creation of centers to assist those leaving these
organizations by providing legal aid and assistance to reintegrate in
society and find employment;
(g) existence of legal loopholes owing to the differences
in legislation of the individual countries, which enable possibly proscribed
activities to be pursued from one country to another;
Calls on the Member States to agree to pool data on the
international ramifications of the above mentioned organizations, including
those using cover names and front organizations, and on their activities in the
Member States;
Calls on the Commission,
(a) to submit a report on the matters set out in
paragraph 3 above with particular reference to the measures taken by
government bodies, especially the police and the courts, in response to
infringements of the law by these organizations, as well as the findings of
government commissions of investigation into such organizations;
(b) to develop ways of ensuring the effective protection
of Community citizens to this field;
Invites the Councils of Ministers responsible to discuss on
the basis of the data collected and the Commission’s report the problems arising
from the activities of the above mentioned organizations and to enable the
Member States to cooperate with each other in protecting the rights of their
citizens;
Recommends that the following criteria be applied in
investigating, reviewing and assessing the activity of the above mentioned
organizations:
(a) persons under the age of majority should not be
forced on becoming a member of an organization to make a solemn long-term
commitment that will determine the course of their lives;
(b) there should be an adequate period of reflection on
the financial or personal commitment involved;
(c) after joining an organization contacts must be
allowed with family and friends;
(d) members who have already commenced a course of
education should not be prevented from completing it;
(e) the following rights of the individual must be
respected: the right to leave an organization unhindered; the right to
contact family and friends in person or by letter or telephone; the right to
seek independent advice, legal or otherwise; the right to seek medical
attention at any time;
(f) no one may be incited to break any law, particularly
with regard to fundraising, for example by begging or prostitution;
(g) organizations may not extract permanent commitments
from potential recruits, for example students or tourists, who are visitors
to a country in which they are not resident;
(h) during recruitment, the name and principles of the
organization should always be made immediately clear;
(i) such organizations must inform the competent
authorities on request of the address or whereabouts of individual members;
(j) the abovementioned organizations must ensure that
individuals dependent on them and working on their behalf receive the social
security benefits provided in the Member States in which they live or work:
(k) if a member travels abroad in pursuit of the interest
of an organization, it must accept responsibility for bringing the
individual home, especially in the event of illness;
(l) telephone calls and letters from members” families
must be immediately passed on to them;
where recruits have children,
organizations must do their utmost to further their education and health,
and avoid any circumstances in which the children’s well-being might be at
risk;
Considers, moreover, a common approach within the context of
the Council of Europe to be desirable and calls, therefore, on the governments
of the Member States to press for appropriate agreements to be drawn up by the
Council of Europe which will guarantee the individual effective protection from
possible machinations by these organizations and their physical or mental
coercion;
Instructs its President to forward this resolution to the Commission and
Council of the European Communities, to the Governments and national parliaments
of the Members States, and to the Council of Europe.
