Human Rights News - Church of Scientology Human Rights Department

August 9, 2001

FOR FURTHER INFORMATION CONTACT:

Leisa Goodman (Los Angeles):

323 960-3500

Jean Dupuis (Paris):

00 33 1 53 33 52 09

CHURCH OF SCIENTOLOGY FILES HUMAN RIGHTS APPLICATION AGAINST FRANCE BEFORE EUROPEAN COURT OF HUMAN RIGHTS OVER CONTROVERSIAL RELIGION LAW; OTHER CHURCHES EXPECTED TO FOLLOW

Before the ink has dried on a new French “anti-religious” law, the Church of Scientology has taken the lead in filing a legal action to the European Court of Human Rights to have it declared in violation of the European Convention on Human Rights.

The Church’s application, filed by barristers from Blackstone Chambers, one of the most respected British law firms with a significant human rights practice, has been brought in exceptional circumstances. Said M. Jean Dupuis, spokesman for the Church, “An extremist clique, comprising only 3.5% of the French legislature, has managed to pass a law that amounts to a death sentence for freedom of conscience and belief in France.

“This law will inevitably create prisoners of conscience. Thousands of innocent believers face the prospect of massive fines and prison sentences, solely for exercising their rights to believe and peacefully associate as they choose.

“The Church’s application to the European Court is therefore intended to protect not only our rights, but those of everyone,” he added.

The application is likely to be the starting point for a wave of litigation. Lawyers representing other religious organizations are also preparing complaints against France to the Court. One human rights organization has stated that now the law has been enacted, it will be far easier to challenge French government discrimination in court. A Christian and a Buddhist group have already filed suit against France in Strasbourg, asking the Human Rights Court to declare illegal a 1995 parliamentary report that, as the groups contend, violates the European Convention on Human Rights. French law offers no mechanism to rectify the violations of citizens’ rights by the Parliamentary Report and the Strasbourg Court was therefore approached for help.

International human rights and many religious organizations have condemned the new French law as repressive and in violation of international human rights treaties.

The hotly contested legislation was passed on May 30th, over intense opposition by the French Catholic and Protestant Churches, the Jewish and Islamic communities, fifty representatives of the Council of Europe, international human rights organizations, and leading French jurists. The applicant, the Church of Scientology, alleges that the law is a blatantly illegal attempt to dissolve minority churches in France and make it impossible for parishioners to worship according to their conscience. The law also goes against a public statement by the Ministry of the Interior that due to a 1905 French law on the separation of church and state, the government recognizes no such concept as “sect” and cannot pass judgment on religious beliefs.

As a result of a petition by 40 religious and human rights organizations, the Council of Europe has appointed a rapporteur who is investigating the law and cases of religious discrimination in France. In its 2001 report on religious freedom worldwide, “Aid to the Church in Need”, an international Catholic charity operating under papal jurisdiction, added France to the list of countries with discriminatory legislation.

European countries like Sweden, Holland, Britain, Norway, and Switzerland have refused to adopt the French approach. A 1998 Swedish government commission criticized France for “declaring war” on religious movements. “Nothing should be done to augment disagreement between these movements and the rest of the community,” the Commission concluded. “On the contrary, society should help to bring about a dialogue between all parties concerned.”

These criticisms of the French government have become even sharper because, in contrast to the reactions of democratic administrations, regimes notorious for human rights abuses have embraced the law. The Chinese government regularly cites French government actions against minority faiths to justify its brutal persecution of the Falun Gong and Christian movements. The Hong Kong government is studying the French model with a view to introducing it to suppress the Falun Gong.

French Senator Nicolas About and National Assembly member Catherine Picard worked with Alain Vivien, president of the French government’s “Interministerial Mission to Fight Against Sects”, to draft the legislation. It provides for the dissolution of religious organizations found guilty of two or more relatively minor offences, either directly or by perceived leaders. For example, an entire church could face dissolution if a leader was found guilty of causing a traffic accident leading to bodily injury. Draconian penalties including heavy fines and prison sentences would be enforced on any parishioner who then attempted to reestablish the Church, even as a different corporation.

The Church of Scientology alleges that About, Picard and Vivien have made clear during parliamentary debates and in media statements that they intend to use the law to deny its tens of thousands of parishioners their right to practice their religion.

Scientology is a religion founded by writer and humanitarian L. Ron Hubbard, best known as the author of Dianetics: The Modern Science of Mental Health, published in more than 50 languages. The Church has earned many commendations for effective programs that utilize the works of L. Ron Hubbard to resolve drug abuse, illiteracy and crime.