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Committee Opinion | Doc. 13467 | 31 March 2014
The protection of minors against excesses of sects
Committee on Social Affairs, Health and Sustainable Development
A. Conclusions of the committee
(open)1. The Committee on Social Affairs, Health and Sustainable
Development generally endorses the report prepared by Mr Rudy Salles
on behalf of the Committee on Legal Affairs and Human Rights. This
text analyses the normative and legislative responses made at the
European and national levels to protect children from “excesses
of sects” and looks into a major aspect of child welfare.
2. It would nevertheless be desirable for the report of the Committee
on Legal Affairs and Human Rights, together with the resolution
and recommendation arising from it, to establish a closer link between
European standards and children’s real-life situations, and to place
the issues in a wider social and political context. Also, the measures
to be taken to protect children could be slightly more developed.
3. Accordingly, the Committee on Social Affairs, Health and Sustainable
Development proposes some amendments to the draft resolution in
order to apprehend the wider social context more fully and heighten certain
aspects worth elaborating upon.
B. Proposed amendments to the draft resolution
(open)Amendment A (to the draft resolution)
In the draft resolution, paragraph 1, replace the word “minors” with the word “children”.
Amendment B (to the draft resolution)
In the draft resolution, at the end of the paragraph 1, add the following text:
“, 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.”
Amendment C (to the draft resolution)
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.”
Amendment D (to the draft resolution)
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.
Amendment E (to the draft resolution)
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.”
Amendment F (to the draft resolution)
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;”
Amendment G (to the draft resolution)
In the draft resolution, replace present 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;”
Amendment H (to the draft resolution)
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);”
C. Explanatory memorandum by Mr Bugnon, rapporteur for opinion
(open)1. “Excesses of sects” pose multiple risks to minors
since they can interfere with their fundamental right to freedom
of thought, conscience and religion, hamper their free development
and in some cases also threaten their moral and physical well-being.
In that respect, I welcome the fact that my colleague Mr Rudy Salles,
on behalf of the Committee on Legal Affairs and Human Rights, has
drawn attention to this important topic, particularly from the standpoint
of protection of minors. This issue is also important for me personally,
as I have been confronted with the problem of influence exerted
by certain sects during the various political mandates I have carried
out, in particular as Mayor of my municipality of 5 000 inhabitants,
being in charge of the administration of educational facilities.
At the time, we had agreed with the management of schools to regularly inform
students about related risks via the teachers, especially when a
young pupil under sectarian influence had disappeared and had never
come back.
2. The time at my disposal to prepare this opinion was fairly
short, so I was unable to carry out additional research in the subject
area for the possible benefit of future Assembly texts. For this
reason, the explanations given below and the amendments suggested
are mainly based on my committee’s rich experience in the field of
child protection. Moreover, any item derived from the numerous media
reports on excesses of a sectarian character and by specific sects
would hardly have fitted into the draft resolution, which follows
more of a legislative and theoretical approach.
3. In his explanatory memorandum constituting the basis for the
draft resolution and recommendation, the rapporteur, Mr Salles,
makes a probing perusal and analysis of the European standards and
texts on the subject, going on to formulate lines of action to be
followed by the member States (in the resolution) and by the Committee
of Ministers (in the recommendation). However, the text adopted
and proposed by the Committee on Legal Affairs and Human Rights
does not make a clear connection between, on the one hand, the European standards
and the adopted texts and, on the other, the harm done to children
by the excesses of sects, as it largely remains silent about the
way in which children are affected by these practices. It will be
hard to amplify the text further at this stage, considering that
additional research would be necessary. But such proceedings are
proposed by the draft recommendation which I should like to support
wholeheartedly.
4. It also seems to me that the conflicts which may exist between
different legal norms and interests are not fully reflected by the
draft resolution. This concern goes beyond a conflict of freedom
of thought, conscience and religion with children’s protection;
sects can also be a threat to the freedom of thought, conscience
and religion of the children themselves who must be able to choose
their religious inclinations freely (which is not always the case
when they grow up in a sect). A more differentiated approach could
be useful in that regard. To be consistent with the activities conducted
by the Assembly in the field of the children’s rights these last
few years, a new text on minors and sects should emphasise more
clearly the best interests of the child, which must be a primary
consideration in all decisions affecting children, as stipulated
by Article 3 of the United Nations Convention on the Rights of the
Child.
5. Finally, I most regret that the text put forward by the Legal
Affairs Committee offers no explanation of the issues surrounding
excesses of sects against their actual social background, and that
only the explanatory memorandum very briefly describes how young
people come into contact with sects. Nor does the explanatory memorandum
look into the various cases of minors who have been approached by
sects (for example at the age of adolescence) or are born in family
surroundings where a sect already plays an important part. However, to
distinguish more clearly these categories and the number of children
respectively concerned by the various ways of entering a sect, as
well as the consequences for them, more research would be necessary.
As for defining “sect-like movements” or “sects”, this is extremely
difficult to do, which is why the authorities of some countries,
such as “Mivilude” (Inter-Ministerial Mission for Vigilance and
action Against Sectarian Excesses) in France, to which my colleague
Mr Salles, a French MP, frequently refers, tend rather to define
the limits not to be transgressed in terms of “excesses”. Other
countries, including mine, Switzerland, follow similar approaches.
6. Among the appeals to governments in the “operative” part,
the draft resolution mentions certain measures already advocated
by the earliest Assembly texts in the 1990s, such as the call to
set up national or regional information centres, training in the
major tendencies of thought and religion in the context of general education
or the enforcement of compulsory school attendance, all presented
in Recommendation 1412
(1999) on illegal activities of sects. Given that measures
of this type have already been known for a long time, a new Assembly
text should amplify the list on the basis of the most recent child
welfare experience. For example, players in all member States know
today that measures such as raising awareness among the general
public and professionals in contact with children (especially teachers,
who are not yet mentioned by the Legal Affairs Committee), as well
as reporting procedures and aid facilities accessible to all, play
an important part in protecting children in our societies and should
appear in the specifications to be met by the public authorities. As
regards children threatened by the excesses of sects (in their families
or by outsiders), it is often the persons close to them (neighbours,
teachers, doctors, etc.) who can note abnormalities in their behaviour
or well-being and alert the competent agencies if need be.
7. Further to these comments, some amendments to the draft resolution
are proposed.
8. Amendment A stresses
the fact that the Council of Europe standards generally refer to
the concept of the child as used by the United Nations Convention
on the Rights of the Child, prescribing in paragraph 1 that “a child
means every human being below the age of eighteen years”. At the
Council of Europe, this is also expressed by the title of its relevant
strategy, “Council of Europe Strategy 2012-2015 for the rights of
the child”.
9. Amendment B specifies
that the Council of Europe standards may be of relevance to excesses
of sects: their scope is far wider, and not all excesses of sects
lead to exploitation or sexual abuse, trafficking in children or
disregard for their rights in the framework of judicial proceedings;
certain consequences of a sect’s influence may have the appearance
of far less harmful acts, or seem well-intentioned towards children
but nonetheless have an adverse effect on their development and
fulfilment.
10. Amendment C draws on
the explanatory memorandum which describes in paragraph 6 the ways
in which minors can come into contact with sect-like movements and
what the responsibility of the parents and families is.
11. Amendment D is intended
to establish a new order of priorities by placing emphasis on the
initial assessment of the issue that gave rise to this report and
then going on to cite the Council of Europe and Parliamentary Assembly
instruments and provisions.
12. Amendment E attempts
to overcome the contradiction in paragraphs 1 and 4 of the draft
resolution stating that the Council of Europe and the Assembly are
concerned with protecting children on the one hand and freedom of
thought, conscience and religion on the other, whereas these two
categories of rights may converge where children have the right
to be free from any imposed idea that may have a significant impact
on their lives.
13. Amendments F, G and H supplement
the list of measures to be taken to create efficient child protection systems
and combat the excesses of sects, by drawing on the experience of
the Parliamentary Assembly gained in this field in recent years
(for example with the ONE in FIVE Campaign to stop sexual violence
against children) and many relevant reports. Lastly, among the measures
to protect children, they should be encouraged to defend themselves
when they have the capability to do so, all categories of professionals
in contact with them should be made aware of the issues and trained,
and reporting procedures and victims’ aid facilities should be established.