Draft resolution
1The Parliamentary Assembly underlines 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 Convention on the Protection of Children against
Sexual Exploitation and Sexual Abuse (CETS No. 201), the 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).
Tabled by the Committee on Social Affairs, Health and Sustainable Development
In the draft resolution, paragraph 1, replace the word "minors" with the word "children".
Tabled by the Committee on Social Affairs, Health and Sustainable Development
In the draft resolution, at the end of the paragraph 1, add the following words:
", 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."
Tabled by Mr Jim DOBBIN, Mr Valeriu GHILETCHI, Sir Alan MEALE, Sir Jeffrey DONALDSON, Mr Joe BENTON
In the draft resolution, after paragraph 1, insert the following paragraph:
"The Assembly is particularly concerned about the protection of minors, in particular minors who belong to religious minorities. It is committed to a policy for respect for freedom of religion or belief as stated in Article 9 of the European Convention for Human Rights and condemns intolerance and discrimination against children on grounds of religion or belief, in particular in the education system."
Tabled by the Committee on Legal Affairs and Human Rights
In amendment 41, at the end of the first sentence, after the words "belong to religious minorities", insert the following words:
"including sects".
Tabled by Mr Jim DOBBIN, Mr Valeriu GHILETCHI, Sir Alan MEALE, Sir Jeffrey DONALDSON, Mr Joe BENTON
In the draft resolution, after paragraph 1, insert the following paragraph:
"The Council of Europe is also committed to a policy for the protection of rights mentioned in Article 2 of the additional protocol of the European Convention on Human Rights to respect the rights of parents to ensure that their children are raised and educated in conformity with their own religious and philosophical convictions. The Assembly has expressed concern regarding discrimination that may arise from unnecessary restrictions on the rights of parents to raise and educate their children in conformity with their own religious and philosophical convictions. The Parliamentary Assembly therefore recalls Recommendation 1720 (2005) on education and religion, Recommendation 1396 (1999) on religion and democracy, Resolution 1928 (2013) on safeguarding human rights in relation to religion and belief and protecting religious communities from violence (particularly paragraph 9.11) and Resolution 1904 (2012) on the right to freedom of choice in education in Europe."
2The 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) on children’s right to physical integrity.
3The Assembly is particularly concerned about the influence
which sect-like movements can have on minors, given the latter’s
vulnerability. It strongly condemns the “excesses of sects”, namely
acts which have the purpose or effect of creating, maintaining or
exploiting a state of psychological or physical submission in an
individual, causing harm to that individual or for society. Such
excesses may cause human rights violations, particularly in terms
of the health, physical and psychological integrity, schooling and
social and emotional development of minors, who are often removed
from their family environment and/or cut off from any outside contact.
Tabled by Mr Valeriu GHILETCHI, Mr Viorel-Riceard BADEA, Mr Cezar Florin PREDA, Ms Ana GUŢU, Mr Johann David WADEPHUL
In the draft resolution, paragraphs 3, 5, 6.2, 6.6, 6.7 et 6.8, replace the words "excesses of" by the following words:
"violations of the law by".
Tabled by Lord Donald ANDERSON, Mr Brian BINLEY, Mr Joe BENTON, Sir Jeffrey DONALDSON, Mr Jim DOBBIN
In the draft resolution, paragraphs 3, 5, 6.1, 6.3, 6.6, 6.8 and 7, replace the word "sect[s]" with the folowing words:
"religious, esoterical and spiritual groups".
(If adopted, amendments 3, 4, 10 falls)
Tabled by Mr Jim DOBBIN, Mr Valeriu GHILETCHI, Sir Alan MEALE, Sir Jeffrey DONALDSON, Mr Joe BENTON
In the draft resolution, delete paragraph 3.
(If adopted, amendments 3, 4, 10 falls)
Tabled by Mr Brian BINLEY, Lord Donald ANDERSON, Sir Jeffrey DONALDSON, Mr Joe BENTON, Mr Jim DOBBIN
In the draft resolution, replace paragraph 3 with the following paragraph:
"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 of Human Rights and the jurisprudence of the European Court of Human Rights."
(If adopted, amendments 3, 4 falls)
(Falls if amendments 43, 33 are adopted)
Tabled by Mr Valeriu GHILETCHI, Mr Viorel-Riceard BADEA, Mr Cezar Florin PREDA, Ms Ana GUŢU, Mr Johann David WADEPHUL
In the draft resolution, replace paragraph 3 with the following paragraph:
"The Assembly has been alerted about the influence which religious, esoteric or spiritual movements could be able to have on minors, given the latter's vulnerability. It strongly condemns any "excesses" by these movements as well as excesses in general. If confirmed, it is understood that such excesses could cause human rights violations, particularly in terms of the health, physical and psychological integrity, schooling and social development of minors, when they are removed from their family environment and/or cut off from any outside contact."
(Falls if amendments 43, 33, 10 are adopted)
Tabled by the Committee on Social Affairs, Health and Sustainable Development
In the draft resolution, paragraph 3, after the words "given the latter’s vulnerability", add the following words:
"or the lack of vigilance of parents and families who in certain cases either draw their children into sect-like movements or have not been capable of shielding them from such movements."
(Falls if amendments 43, 33, 10 are adopted)
Tabled by the Committee on Social Affairs, Health and Sustainable Development
In the draft resolution, change the order of the first three paragraphs by putting the present paragraph 3, describing the acts covered by the text, in first place.
4The 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 also, however, addressed the illegal activities of
sects and certain new religious movements in Recommendation 1178 (1992) on sects and new religious movements and in Recommendation 1412 (1999) on illegal activities of sects.
(If adopted, amendment 11 falls)
Tabled by Lord Donald ANDERSON, Sir Jeffrey DONALDSON, Mr Brian BINLEY, Mr Joe BENTON, Mr Jim DOBBIN
In the draft resolution, paragraph 4, replace the last sentence with the following sentence:
"The Assembly believes that any religious or quasi-religious organisation should be accountable in the public sphere for any contraventions of the criminal law and welcomes annoucements by established religious organisations that reports of child abuse within those organisations should be reported for investigation to the police. 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."
(Falls if amendment 34 is adopted)
Tabled by Mr Valeriu GHILETCHI, Mr Viorel-Riceard BADEA, Mr Cezar Florin PREDA, Ms Ana GUŢU, Mr Johann David WADEPHUL
In the draft resolution, paragraph 4, last sentence, delete the word "illegal".
Tabled by Mr Jim DOBBIN, Mr Valeriu GHILETCHI, Sir Alan MEALE, Sir Jeffrey DONALDSON, Mr Joe BENTON
In the draft resolution, at the end of paragraph 4, add the following sentence:
"These Recommendations apply to minors and their protection as individuals or as part of a religious group is to be addressed."
Tabled by the Committee on Social Affairs, Health and Sustainable Development
In the draft resolution, after paragraph 4, insert the following paragraph:
"The Assembly recalls that from the moment minors come into contact with sects in any way, a balance must be struck between different categories of human rights. Indeed, having regard to freedom of thought, conscience and religion as a human right for all, children themselves can also claim this right (without being forced by influences limiting their freedom of thought), while having the right to be protected against any form of violence. Where adjudication is necessary, the child’s best interests must be the primary consideration in all decisions concerning children, as stipulated by Article 3 of the United Nations Convention on the Rights of the Child."
5The Assembly notes that the phenomenon of excesses of sects
affecting minors is ever more present in Europe. It is concerned
by the lack of comprehensive data on the subject, especially in
central and east European countries, and the lack of practical and
effective action against the phenomenon in most Council of Europe
member States. To date, only a few States have passed specific laws
to combat excesses of this kind (Belgium, France and Luxembourg)
or have taken action in terms of monitoring and information (in
particular, Austria, Germany and Switzerland). Even though historical
factors mean that some countries have preferred not to legislate
in this area and, in most cases, instead support the activities
of non-governmental organisations (NGOs) and/or churches (Catholic,
Orthodox or Protestant) in terms of providing information and assistance for
the victims of excesses of sects, the problem seems sufficiently
serious to warrant greater efforts by the authorities.
(If adopted, amendments 12, 45 falls)
Tabled by Lord Donald ANDERSON, Sir Jeffrey DONALDSON, Mr Brian BINLEY, Mr Joe BENTON, Mr Jim DOBBIN
In the draft resolution, replace paragraph 5 with the following paragraphs:
"The Assembly recalls that in 1992, when examining the issue of freedom of religion and religious minorities, it chose to discontinue the use of the word "sect" and replace it with "groups of a religious, esoteric or spiritual nature" (Recommendation 1412 (1999)). This decision recognised that the word "sect" and other pejorative or stigmatising labels should not be used in Council of Europe reports. In reaching such a conclusion the Assembly reflected international standards such as the UN standards regarding freedom of relgion and religious minorities.
The Assembly notes the results of the questionnaire distributed to all Parliamentary delegations that the unlawful activities of members of religious organisations fall within the scope of the general criminal law and the laws on freedom of worship. It further notes that France is the only country where there is currently an initiative in Parliament to increase protection for minors against the influence of religious minorities. Furthermore, it takes solace from the fact that, even in France, senior politicians, the police, education officials or child protection organisations regard cases of physical or psychological ill-treatment of minors as exceptional (reference Prime Minister Dominic de Villepin, Sept 2005, et al). The Assembly draws attention to the work done by the French Prime Minister's office MIVILUDES and, in particular, the conclusions of the report of George Fenech in 2009 that there was no real problem in sixteen other Council of Europe countries which had been studied.
The Parliamentary Assembly reaffirms its belief that freedom of thought, conscience and religion is a fundamental right and, therefore, supports the approach of the European Court of Human Rights in, for example, its decision to deem unlawful the refusal of the Hungarian Court to allow a father to see his child because the father belonged to a Pentecostal movement (Vojnity). It also welcomes the Court's determination to expose the danger of prejudice unrelated to fact when deployed against particular religious minorities such as Jehovah's Witnesses (see Jehova's Witnesses of Moscow vs Russia (app 203/02)."
(If adopted, amendment 12 falls)
(Falls if amendment 35 is adopted)
Tabled by Mr Jim DOBBIN, Mr Valeriu GHILETCHI, Sir Alan MEALE, Sir Jeffrey DONALDSON, Mr Joe BENTON
In the draft resolution, replace paragraph 5 with the following paragraph:
"The Assembly notes that, in conformity with Resolution 1530 (2007), paragraph 1, 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.)."
(Falls if amendments 35, 45 are adopted)
Tabled by Mr Valeriu GHILETCHI, Mr Viorel-Riceard BADEA, Mr Cezar Florin PREDA, Ms Ana GUŢU, Mr Johann David WADEPHUL
In the draft resolution, replace paragraph 5 with the following paragraph:
"The Assembly is concerned by the lack of comprehensive data on the phenomen of excesses of religious, spiritual or esoteric movements affecting minors. Even though historical factors mean that some countries have preferred not to legislate in this area, the problem needs to be neutrally evaluated due to the fact that it could be sufficiently serious to warrant greater efforts by the authorities."
6The Assembly therefore calls on the member States to:
(If adopted, amendments 13, 46, 14, 47, 6, 48, 15, 49, 7, 8, 16, 50, 17, 51, 18, 52 falls)
Tabled by Mr Brian BINLEY, Lord Donald ANDERSON, Sir Jeffrey DONALDSON, Mr Joe BENTON, Mr Jim DOBBIN
In the draft resolution, replace paragraph 6 with the following paragraph:
"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."
6.1sign and/or ratify the relevant
Council of Europe conventions on child protection and welfare;
6.2gather accurate and reliable information about cases of
excesses of sects affecting minors, where appropriate in crime and/or
other statistics;
(If adopted, amendment 46 falls)
(Falls if amendment 36 is adopted)
Tabled by Mr Valeriu GHILETCHI, Mr Viorel-Riceard BADEA, Mr Cezar Florin PREDA, Ms Ana GUŢU, Mr Johann David WADEPHUL
In the draft resolution, paragraph 6.2, replace the words "excesses of sects affecting minors, where appropriate in crime and/or other statistics" with the following words:
"violations of the law by religious, spiritual or esoteric groups affecting minors, where appropriate in crime and/or other statistics; while doing that, ensure that no discriminatory arbitrariness is entered in the process of gathering data;"
Tabled by the Committee on Legal Affairs and Human Rights
In amendment 13, replace the words "religious, spiritual or esoteric groups" with the following words:
"sectarian groups".
(Falls if amendments 36, 13 are adopted)
Tabled by Mr Jim DOBBIN, Mr Valeriu GHILETCHI, Sir Alan MEALE, Sir Jeffrey DONALDSON, Mr Joe BENTON
In the draft resolution, paragraph 6.2, replace the words "excesses of sects" with the following words:
"abuse, violence and crime".
6.3set up or support, if necessary, national or regional
information centres on sect-like religious and spiritual movements;
(If adopted, amendment 14 falls)
(Falls if amendment 36 is adopted)
Tabled by Mr Jim DOBBIN, Mr Valeriu GHILETCHI, Sir Alan MEALE, Sir Jeffrey DONALDSON, Mr Joe BENTON
In the draft resolution, paragraph 6.3, replace the words "sect-like religious and spiritual movements" with the following words:
"the protection of minors".
Tabled by the Committee on Legal Affairs and Human Rights
In amendment 47, instead of replacing the words "sect-like religious and spiritual movements", after those words, insert the following words:
"guaranteeing the protection of minors".
(Falls if amendments 36, 47 are adopted)
Tabled by Mr Valeriu GHILETCHI, Mr Viorel-Riceard BADEA, Mr Cezar Florin PREDA, Ms Ana GUŢU, Mr Johann David WADEPHUL
In the draft resolution, paragraph 6.3, delete the words "sect-like" and at the end of the sentence add the following words:
"manned with neutral and independent experts in the field of law and religion;"
6.4provide teaching in the history of religions and the main
philosophies in schools;
(Falls if amendment 36 is adopted)
Tabled by Mr Jim DOBBIN, Mr Valeriu GHILETCHI, Sir Alan MEALE, Sir Jeffrey DONALDSON, Mr Joe BENTON
In the draft resolution, replace paragraph 6.4 with the following paragraph:
"provide teaching for the protection of minors (including prevention of child abuse) in schools and promote teaching about tolerance and understanding of religious diversity to prevent discrimination against minors belonging to religious minorities;".
(Falls if amendment 36 is adopted)
Tabled by the Committee on Social Affairs, Health and Sustainable Development
In the draft resolution, after paragraph 6.4, insert the following paragraph:
"make minors aware of the dangers posed by sect-like movements of a totalitarian kind, in order that they resist joining them or seek assistance if they wish to leave them;"
Tabled by the Committee on Legal Affairs and Human Rights
In amendment 6, delete the words "of a totalitarian kind".
6.5make sure that compulsory schooling is enforced and ensure
strict, prompt and effective monitoring of all private education,
including home schooling;
(If adopted, amendment 15 falls)
(Falls if amendment 36 is adopted)
Tabled by Mr Jim DOBBIN, Mr Valeriu GHILETCHI, Sir Alan MEALE, Sir Jeffrey DONALDSON, Mr Joe BENTON
In the draft resolution, replace paragraph 6.5 with the following paragraph:
"ensure that schooling (be it public or private, including home schooling) is available to any child, including those who belong to religious minority groups;".
(Falls if amendments 36, 49 are adopted)
Tabled by Mr Valeriu GHILETCHI, Mr Viorel-Riceard BADEA, Mr Cezar Florin PREDA, Ms Ana GUŢU, Mr Johann David WADEPHUL
In the draft resolution, at the end of paragraph 6.5, insert the following words:
"while respecting the principles of religious freedom and non-discrimination;"
6.6carry out awareness-raising measures about the scale of
the phenomenon of sects and excesses of sects, in particular for
judges, ombudsmen’s offices, the police and welfare services;
(If adopted, amendments 7, 50 falls)
(Falls if amendment 36 is adopted)
Tabled by Mr Valeriu GHILETCHI, Mr Viorel-Riceard BADEA, Mr Cezar Florin PREDA, Ms Ana GUŢU, Mr Johann David WADEPHUL
In the draft resolution, delete paragraph 6.6.
(If adopted, amendment 50 falls)
(Falls if amendments 36, 16 are adopted)
Tabled by the Committee on Social Affairs, Health and Sustainable Development
In the draft resolution, replace paragraph 6.6 with the following paragraph:
"raise the awareness of the general public and provide specific training to professionals in contact with children, particularly judges and prosecutors, ombudsmen’s offices, police, welfare services and teachers etc., on the issues relating to sect-like movements, excesses of sects and their consequences as well as on the measures to take for the optimal protection of children;"
(Falls if amendments 36, 16, 7 are adopted)
Tabled by Mr Jim DOBBIN, Mr Valeriu GHILETCHI, Sir Alan MEALE, Sir Jeffrey DONALDSON, Mr Joe BENTON
In the draft resolution, paragraph 6.6, replace the words "the phenomenon of sects" with the following words:
"abuses, violences or crime against minors, including those who belong to religious minority groups".
(Falls if amendment 36 is adopted)
Tabled by the Committee on Social Affairs, Health and Sustainable Development
In the draft resolution, after paragraph 6.6, insert the following paragraph:
"establish procedures accessible to all, whether victims or witnesses, for reporting any situation endangering a child, as well as aid facilities for the support of victims (minors and adults);"
6.7adopt or strengthen, if necessary, legislative provisions
punishing the abuse of psychological and/or physical weakness, and
enabling associations to join proceedings as parties claiming damages in
criminal cases concerning excesses of sects;
(If adopted, amendment 17 falls)
(Falls if amendment 36 is adopted)
Tabled by Mr Jim DOBBIN, Mr Valeriu GHILETCHI, Sir Alan MEALE, Sir Jeffrey DONALDSON, Mr Joe BENTON
In the draft resolution, replace paragraph 6.7 with the following paragraph:
"ensure that protection of minors also applies to the protection from discrimination of minors who belong to religious minorities, while guaranteeing the fundamental right of children to education in an objective, critical and pluralist manner and respecting the right of parents to ensure such education and teaching in conformity with their own religious or philosophical convictions;".
(Falls if amendments 36, 51 are adopted)
Tabled by Mr Valeriu GHILETCHI, Mr Viorel-Riceard BADEA, Mr Cezar Florin PREDA, Ms Ana GUŢU, Mr Johann David WADEPHUL
In the draft resolution, replace paragraph 6.7 with the following paragraph:
"call on the Venice Commission to study if adopting or strengthening legislative provisions punishing the abuse of psychological and/or physical weakness, and enabling associations to join proceedings as parties claiming damages in criminal cases concerning excesses of sects, would be necessary, and if so how it could be done in conformity with international human rights standards;"
6.8support, including in financial terms, the action of private
bodies which provide support for the victims of excesses of sects
and their relatives and, if necessary, encourage the establishment
of such bodies.
(If adopted, amendment 52 falls)
(Falls if amendment 36 is adopted)
Tabled by Mr Valeriu GHILETCHI, Mr Viorel-Riceard BADEA, Mr Cezar Florin PREDA, Ms Ana GUŢU, Mr Johann David WADEPHUL
In the draft resolution, paragraph 6.8, replace the words "support for the victims of excesses of sects and their relatives" with the following words:
"accurate and neutral information on religious, spiritual and esoteric movements"
(Falls if amendments 36, 18 are adopted)
Tabled by Mr Jim DOBBIN, Mr Valeriu GHILETCHI, Sir Alan MEALE, Sir Jeffrey DONALDSON, Mr Joe BENTON
In the draft resolution, paragraph 6.8, replace the words "excesses of sects" with the following words:
"child abuse, violence and crime".
7The Assembly also calls on national parliaments to set up
study groups on the phenomenon of sects and its impact on minors.
(If adopted, amendments 20, 53 falls)
Tabled by Mr Valeriu GHILETCHI, Mr Viorel-Riceard BADEA, Mr Cezar Florin PREDA, Ms Ana GUŢU, Mr Johann David WADEPHUL
In the draft resolution, delete paragraph 7.
(If adopted, amendment 20 falls)
(Falls if amendment 19 is adopted)
Tabled by Mr Jim DOBBIN, Mr Valeriu GHILETCHI, Sir Alan MEALE, Sir Jeffrey DONALDSON, Mr Joe BENTON
In the draft resolution, paragraph 7, replace the words "phenomenon of sects and its impact on minors" with the following words:
"protection of minors, in particular those belonging to religious minorities."
(Falls if amendments 19, 53 are adopted)
Tabled by Mr Valeriu GHILETCHI, Mr Viorel-Riceard BADEA, Mr Cezar Florin PREDA, Ms Ana GUŢU, Mr Johann David WADEPHUL
In the draft resolution, paragraph 7, replace the word "sects" with the following words:
"religious, spiritual or esoteric movements"
and at the end of the paragraph, insert the following words:
"and ensure that these study groups maintain a high standard of respect of the non-discrimination and freedom of religion or belief principles."
Tabled by Mr Valeriu GHILETCHI, Mr Viorel-Riceard BADEA, Mr Cezar Florin PREDA, Ms Ana GUŢU, Mr Johann David WADEPHUL
In the draft resolution, after paragraph 7, insert the following paragraph:
"The Assembly calls on member States to ensure that no discrimination is allowed on the basis of which movement is considered as 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."
(If adopted, amendments 29, 40 falls)
Tabled by Mr Valeriu GHILETCHI, Mr Viorel-Riceard BADEA, Mr Cezar Florin PREDA, Ms Ana GUŢU, Mr Johann David WADEPHUL
Replace the title of the draft resolution with the following words: "Tackling the issue of minors and religious, spiritual and esoteric groups".
(If adopted, amendment 29 falls)
(Falls if amendment 22 is adopted)
Tabled by Mr Jim DOBBIN, Mr Valeriu GHILETCHI, Sir Alan MEALE, Sir Jeffrey DONALDSON, Mr Joe BENTON
In the title of the draft resolution, replace the words "against the excesses of sects" with the following words:
"belonging to religious minorities".
(Falls if amendments 22, 40 are adopted)
Tabled by Lord Donald ANDERSON, Mr Brian BINLEY, Mr Joe BENTON, Sir Jeffrey DONALDSON, Mr Jim DOBBIN
In the title of the resolution, replace the word "sects" with the folowing words:
"religious, esoterical and spiritual groups".