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Resolution 1992 (2014) Final version
The protection of minors against excesses of sects
1. The Parliamentary Assembly recalls
the commitment of the Council of Europe to a policy for the protection
of minors, which has led to the adoption of a number of conventions
in this area, including the Council of Europe Convention on the
Protection of Children against Sexual Exploitation and Sexual Abuse (CETS
No. 201), the Council of Europe Convention on Action against Trafficking
in Human Beings (CETS No. 197) and the European Convention on the
Exercise of Children’s Rights (ETS No. 160), and which may be relevant
where the excesses of sects lead to exploitation and abuse of or
trafficking in children, or to disregard for their rights in the
framework of judicial proceedings.
2. The Assembly is particularly concerned about the protection
of minors, in particular minors who belong to religious minorities
including sects. It is committed to a policy for respect for freedom
of religion or belief as stated in Article 9 of the European Convention
on Human Rights (ETS No. 5) and condemns intolerance and discrimination
against children on grounds of religion or belief, in particular
in the education system.
3. The Assembly itself has adopted texts on child protection
and welfare, including Recommendation 1551 (2002) “Building
a 21st century society with and for children: follow-up to the European
strategy for children (Recommendation
1286 (1996))”, Resolution 1530
(2007) and Recommendation 1778
(2007) “Child victims: stamping out all forms of violence,
exploitation and abuse” and Resolution 1952
(2013) and Recommendation 2023
(2013) “Children’s right to physical integrity”.
4. The Assembly is concerned when any minors are abused in any
way. It is vital that existing legislation be firmly applied and
that this is done within the context of respecting the rights of
children and their parents in line with Articles 9 and 14 of the
European Convention on Human Rights and the jurisprudence of the
European Court of Human Rights.
5. The Council of Europe has always promoted a culture of “living
together” and the Assembly has spoken out on several occasions in
favour of freedom of thought, conscience and religion, as well as
in favour of minority religious groups, including those which have
recently appeared in Europe, in particular in Recommendation 1396 (1999) on religion
and democracy and Recommendation
1804 (2007) on State, religion, secularity and human
rights and in Resolution 1846
(2011) and Recommendation 1987
(2011) on combating all forms of discrimination based
on religion. The Assembly believes that any religious or quasi-religious
organisation should be accountable in the public sphere for any
contraventions of criminal law and welcomes announcements by established
religious organisations that reports of child abuse within those organisations
should be reported to the police for investigation. The Assembly
does not believe that there are any grounds for discriminating between
established and other religions, including minority religions and
faiths, in the application of these principles.
6. The Assembly notes that, in conformity with Resolution 1530 (2007),
the protection of minors, parental rights and freedom of religion
or belief are to be promoted in any context, whether public (including
public schools, hospitals, etc.) or private (including private education
systems, the family, sport and other recreational activities, religious
activities, etc.).
7. The Assembly therefore calls on the member States to sign
and/or ratify the relevant Council of Europe conventions on child
protection and welfare if they have not already done so.
8. The Assembly also calls on national parliaments to set up
study groups on the protection of minors, in particular those belonging
to religious minorities.
9. The Assembly calls on member States to ensure that no discrimination
is allowed on the basis of whether a movement is considered a sect
or not, that no distinction is made between traditional religions
and non-traditional religious movements, new religious movements
or sects when it comes to the application of civil and criminal
law, and that each measure which is taken towards non-traditional
religious movements, new religious movements or sects is aligned
with human rights standards as laid down by the European Convention
on Human Rights and other relevant instruments protecting the dignity
inherent to all human beings and their equal and inalienable rights.