Ferrari S. New Religious Movements in Western Europe.pdf

NEW RELIGIOUS MOVEMENTS

IN WESTERN EUROPE

Silvio FERRARI

Professor of Church and State Relations

Università degli Studi di Milano

Research and analyses – No. 9 – October 2006

URL : http://religion.info/pdf/2006_10_ferrari_nrm.pdf

1. Introduction

Religions are born at any time and in any place: but in the second half of the last

century this phenomenon acquired dimensions that were unknown in the history of

the West. Many religious movements were born and prospered, either as a

development of well-known religious traditions or as the result of a syncretic

approach to different religions. In many cases their doctrines and practices differed

widely from those of the mainstream religions: moreover, the “closed” structure of

some of these groups, the unconventional behaviour of their members, and some

tragic events in which they were involved gave rise to considerable social alarm.

In the wake of this alarm, two questions started being asked: Are these

movements real religions? and: Are they dangerous to individuals and society?

These questions are far from simple, and answering them requires reconsidering

some crucial notions that are at the foundation of the relationship between law and

religion in Western Europe.

2. Problems of definition.

In Western Europe public opinion became aware of the presence of new religious

movements in the 1970s. Their growth immediately posed two problems.

The first was what to call them. In many European languages “sect”

(“ secte ” in French, “ setta ” in Italian, “ secta ” in Spanish, “ Sekte ” in German)

indicates a group of dissenters who separated from a larger religious group 1 (and

this is not the case for many of the religious movements we are speaking of):

moreover, in popular usage, this term has an implicit negative connotation,

suggesting a narrow-minded and fanatical group of people. 2 “Cult” (“ culte ” in

French, “ culto ” in Italian and in Spanish, “ Kulte ” in German) has primarily the

meaning of “rites”, and, when it is used to indicate a religious group, has an old-

1 See Voyé, 86; Messner, Prélot, Woherling, 158. For an historical overview of the notion of sect

(and of its implicitly negative overtones) see Leyte (1999), 9–19.

2 See Motilla (1990), 39–40; Navas Renedo, 25; Messner, Prélot, Woherling, 158–60; Ferrari

(1989), 3; Willaime (2000), 67–70; Overgaard, 105.

Ferrari – New Religious Movements in Western Europe – October 2006

fashioned flavour. 3 The term “new religious movements” (“ nouveaux mouvements

religieux ” in French, “ nuovi movimenti religiosi ” in Italian, “ nuevos movimientos

religiosos ” in Spanish, “neue religiöse Bewegungen ” in German) has the

advantage of being ideologically neutral, but, according to some scholars, is

incorrect, as some of these movements are far from being “new” in their countries

of origin, and others do not want to be described as “religious” at all. 4

Some sociologists and lawyers have proposed other and equally debatable

definitions (“socially controversial religious movements”, “unconventional

religious movements”, “movements of religious renewal”, etc.), 5 but no consensus

has been reached among scholars. European organisations’ documents and reports

refer to “sects” and, more infrequently, to “new religious movements”, “cults”, and

“new religions”; 6 national reports and official publications make use of the term

“sects”, sometimes followed by an adjective (“ sectas destructivas ” in one of the

Spanish reports), which attempts to explain that only some sects are considered to

be dangerous. 7 This final remark deserves more attention, as it can allow a better

3 See Messner, Prélot, Woherling, 3–11. Both in Italy and in Spain (Motilla [1999], 66–72) the term

“ culto ” is no longer used to indicate a religious group.

4 But most of them are new in Europe: for this reason the term “new religious movements” will be

adopted in this text.

5 See Messner, Prélot, Woherling, 156–60.

6 European Council, Recommendation 1178 (1992), “Sects and New Religious Movements”;

European Parliament, “Resolution on Sects”, February 29, 1996; Conseil d’Europe,

Recommandation 1412 (1999) Concernant les activités illégales des sectes. Richard Cottrell , The

Activity of Certain New Religions within the European Community , Strasbourg, European

Parliament, 1984; John Hunt, Report on Sects and New Religious Movements , Strasbourg, Council

of Europe Parliamentary Assembly, 1991; Maria Berger, Draft Report on Cults in the European

Union , Strasbourg, European Parliament, 1997; Adrian Nastase, Illegal Activities of Sects ,

Strasbourg, Council of Europe Parliamentary Assembly, 1998.

7 Spain : Dictamen, propuestas de resolución y conclusiones aprobadas, que la Comisión de estudio

y repercusiones de las sectas en España eleva al pleno del Congreso de los Diputados en fecha 2 de

marzo de 1989, in Motilla (1990), 230-43; Medidas adoptadas en relación con las sectas

destructivas instaladas en España, a fin de impedir o limitar al máximo su extensión y actividades

que están proliferando, come demuestran los acontecimientos ocurridos en Santa Cruz de Tenerife a

solicitud del grupo socialista, Boletín Oficial de las Cortes, Comisión de Justicia e Interior,

Congreso de lo Diputados, n. 567, 10 de novembre de 1998, pp. 16577–16782. France : Les sectes

en France: expression d’une liberté morale ou facteur de manipulation? Rapport au Premier

Ministre, Paris, Documentation française, 1983; Les Sectes en France. Rapport fait au nom de la

Commission d’enquête sur les sectes, M. Alain Gest, président, et M. Jacques Guyard, rapporteur,

enregistré à la Présidence de l’Assemblée nationale de 22 décembre 1995, rapport n. 2468; Les

sectes et l’argent, Rapp. AN, n. 1687, 18 juin 1998. Belgium : Enquête parlamentaire visant à

élaborer une politique en vue de lutter contre les pratiques illégales des sectes et le danger qu’elles

représentent pour la société et pour les personnes, particulièrment les mineurs d’âge. Rapport fait au

nom de la commission d’enquête par MM. Duquesne et Willelm, Documents parlementaires, 1996-

97, n. 313/7 and 313/8. Germany : Endbericht der Enquête-Kommission “Sogenannte Sekten und

Psychogruppen”, Deutscher Bundestag, 13. Wahlperiode, Drucksache 13/10950 (1998). Austria :

Ferrari – New Religious Movements in Western Europe – October 2006

understanding of the problem raised by these religious groups. Some of their

members have proved to be socially dangerous, committing serious crimes. That

does not mean that any new or non-conventional religious movement is bound to

harbour criminals: extending to a whole category of religious movements the

stigma that some of their members have deserved is the mistake made by some

influential European governments and opinion makers. 8 This mistake appeared in

all its magnitude when recent events demonstrated that equally dangerous

behaviours can prosper within old and “conventional” religions once their precepts

are interpreted in a radical and extremist way. Focusing more on facts and

behaviours is the lesson that should be learnt after September 11, 2001. Some

religious groups can pose a danger to peace, security, and democracy. To prevent

them from harming people, it is not necessary to build dubious legal categories like

“sects”, “cults”, or “new religious movements”: it is enough to apply the

instruments any legal system possesses to prevent crimes from being committed.

The second problem posed by the diffusion of these religious groups is the

legal definition of religion. Their unconventional doctrines and practices have

raised questions as to whether they really are religions. As religions enjoy a

privileged status in many European legal systems, the question is far from being

academic: defining a group as a religion means giving it access to public mass

media, favourable tax treatment, the possibility of receiving financial support from

the state, etc. Until the 1970s defining religion was not a real problem in most

European countries: religion was largely associated with the idea of belief in and

worship of God. From that time onwards the borders between religion, philosophy,

Sekten – Wissen schütz. Eine Information des Bundesministeriums für Umwelt, Jugend und

Familie, Vienna 1996. Italy : Ministero dell’Interno, Dipartimento della Pubblica Sicurezza.

Direzione Centrale della Polizia di Prevenzione, Sette religiose e nuovi movimenti magici in Italia,

1998. The term “new religious movements” is preferred in the Dutch report prepared by T.A.M.

Witteveen, Overheid en nieuwe religieuze bewegingen. Tweede Kamer der Staten Generaal.

Vergaderjaar 1983-1984, 16635 n. 4. Onderzoek betreffende sekten, ‘s-Gravenhage,

Staatsuitgeverij, 1984, and in the Swedish report prepared by Margó Ingvardsson, Sonja Wallbom,

and Lars Grip, I God Tro: Samhället Och Nyandligheten, Stockholm, Statens offentliga

utredningar, Socialdepartementet, 1998. A few reports have been published in Switzerland. These

reports are examined in Richardson and Introvigne; Richardson, 87–96 .

8 This remark had already been made by Adrian Nastase in the report quoted at n. 6: “the word

‘sect’ has taken on an extremely pejorative connotation. In the eyes of the public, it stigmatises

movements whose activities are dangerous either for their members or for society [...]. Today, this

world contains dozens, perhaps even hundreds, of larger or smaller groups, with various beliefs and

observances, which are not necessarily dangerous or prejudicial to freedom. It is true that among

these groups are some which have committed criminal acts. Nevertheless, the existence of a few

dangerous movements is not enough to condemn all the rest” (par. C, 3–4).

Ferrari – New Religious Movements in Western Europe – October 2006

and psychology have become increasingly blurred: is Scientology a religion, a

psychotherapy, or a philosophy of life? The laws of European states do not provide

an answer, as they lack a positive definition of religion. 9 Court decisions give some

indications, but, as is to be expected, they emphasise different profiles of the issue,

and do not reflect a coherent pattern. English case law tends to stress that religion

requires a belief in a supreme being; 10 German courts focus more on a different

feature, namely that religion (as well as ideological creeds) has to do with a

particular conception both of the world and the source and aim of human

existence; 11 while some decisions in other countries have emphasised the necessity

of rituals, ceremonies, and acts of worship. 12

This difference of opinion does not mean there is no idea of what a religion

is. The absence of a precise legal definition does not exclude the existence of a

“paradigm” of religion 13 that, in a loose way, offers some guidelines to courts and

administrative bodies dealing with new religious movements. Groups and

organisations commonly recognised as religions provide a pattern, and new

religious movements that are close to it are accepted as religions more easily than

those that deviate markedly from the established model. Although it lacks

precision, this approach could be viable, provided the need to constantly adjust the

legal pattern to social change is not overlooked.

However, one point should be emphasised: in the last forty years, defining

religion has attracted much attention on the part of legal scholars, courts,

parliamentary committees, and the mass media, but nobody has been able to

provide a convincing distinction between religion and what is popularly called a

9 See for France, Messner, Prélot, Woherling, 184–86; Basdevant Gaudemet, 161; for the

Netherlands, van Bijsterveld, 219–22. No definition of religion is provided by the Italian legal

system. An attempt has been made in Austria, where the “explanations” to the Federal Law

concerning the Legal Personality of Religious Communities (BGBl. I 1998/19) define religion as “a

historically developed concept of convictions explaining man and world with a transcendent

reference, including specific rites and symbols giving precepts for acting according to its

fundamental doctrines, and which is presentable regarding its content”. See Richard Potz (1999a),

75.

10 See Gunn (United Kingdom), 18–19.

11 See Gunn (Germany), 16–17.

12 See the decisions of the Austrian Constitutional Court of 1950 (VfSlg. 1950/2002) and 1953

(VfSlg. 1953/2494, 1953/2610), quoted by Richard Potz (1999a), 75–76. To the contrary, the

Italian Consiglio di Stato affirmed that rites are not necessary: Consiglio di Stato, Sezione I, parere

2151/1989, November 29, 1989, in Quaderni di diritto e politica ecclesiastica, 1991–92/1, 531–33.

13 See Ferrari (1996), 19–47.

Ferrari – New Religious Movements in Western Europe – October 2006

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