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The 2001 About–Picard law [abu pika:r], officially the loi n° 2001-504 du 12 juin 2001 tendant à renforcer la prévention et la répression des mouvements sectaires portant atteinte aux droits de l'homme et aux libertés fondamentales,[a] is French legislation passed by the National Assembly in 2000. The law is targeted at movements deemed to be "cults" (sectes) that "undermine human rights and fundamental freedoms", as well as "mental manipulation". The law has caused controversy internationally, with some commentators alleging that it infringes on religious freedom while proponents contend that it reinforces religious freedom.
Background
[edit]In the wake of the Order of the Solar Temple murders and suicides, the French Parliament established the Parliamentary Commission on Cults in France to investigate cults. In December 1995, the Commission delivered a report on cults which caused much controversy, some of it due to a list extracted from a report by the French National Police on purported cults.
Following the recommendations of the report, Prime Minister Alain Juppé set up in 1996 the "Interministerial Board of Observation of sects", followed in 1998 by the "Interministerial Mission in the Fight Against Sects" (MILS). In 2002 the "Interministerial Monitoring Mission Against Sectarian Abuses" (MIVILUDES) replaced MILS. Other action of the French government against potential abuses by cults resulted in the passing of the About–Picard law.
Inception
[edit]Commentators often refer to the Law 2001-504 of June 12, 2001 as the About–Picard law, from the name of its rapporteurs (parliamentarians who report upon the draft law), senator Nicolas About (UDF center-right party) and deputy Catherine Picard (PS center-left party).
The French parliament adopted the law with broad cross-party support under the government of center-right president Jacques Chirac and socialist prime minister Lionel Jospin.
is French legislation passed by the National Assembly in 2000.
Provisions
[edit]Notable new points introduced by the law include:
- In the case of certain crimes, the law extends legal responsibility from individuals to organizations (corporations, associations, and other legal entities...).
- Courts can order the dissolution of organizations if they or their executives have been found guilty of these crimes.
The initial draft of the About–Picard law included the criminalization of "mental manipulation". Many organizations criticised this clause for its vagueness. Minister of Justice Élisabeth Guigou pushed for the removal of this clause, which the legislators excluded from the final version of the law. However, the law makes it a crime to defraud a person weakened by illness, old age, etc., but also of a person in a state of psychological or physical subjection resulting from grave or reiterated pressures or techniques able to alter judgement.
Application
[edit]The first application of the law was its usage against Arnaud Mussy, leader of the Néo-Phare, a small apocalyptic group. Mussy claimed to be Jesus Christ and declared the apocalypse was approaching. In 2002 one of his followers killed himself, and two more were alleged to have attempted suicide.[1][2] Mussy was charged using the law's provision for "abuse of weakness", and after a high profile trial, was declared guilty in 2004.[3] He was sentenced to a three-year suspended prison sentence and €115,000 fine.[3] He appealed the sentence, but it was upheld 6 June 2005.[3] The verdict was celebrated by anti-cultists.[4]
Mussy later stated that "It was clear the National Assembly had a new law and they wanted to try it out on some little group to make an example—not a big powerful [cult] like Scientology that has lots of money to defend itself. I have no money. I knew I could not win."[5] Cult researcher Susan J. Palmer argued that the application of the brainwashing concept in this specific case was flawed, even apart from the wider concerns about the legitimacy of the concept and how it is supposed to be proven.[6][7]
Criticism
[edit]The law has caused controversy internationally, with some commentators alleging that it infringes on religious freedom while proponents contend that it reinforces religious freedom. The French government, when challenged on issues of religious discrimination, states that it has no concern in any way with religious doctrine per se. The government has taken the position that it will deal with the concrete consequences of cult affiliation, especially with respect to children. The government sees this as particularly important in the light of past abuse committed in some criminal cults, such as sexual slavery and mass suicide. According to government sources, none of the criteria listed in related government documents on sects discuss theology; they only focus on the actions and the methods of the groups.
The law has caused controversy internationally, with some commentators alleging that it infringes on religious freedom while proponents contend that it reinforces religious freedom.
Human rights activists dubbed the law "un délit d'opinion" (a thought crime).[8]
See also
[edit]Notes
[edit]- ^ lit. 'Law No. 2001-504 of June 12, 2001, aimed at strengthening the prevention and repression of sectarian movements that undermine human rights and fundamental freedoms'
References
[edit]- ^ Palmer 2008, p. 111.
- ^ Palmer 2011, p. 154.
- ^ a b c Palmer 2008, p. 113.
- ^ Palmer 2011, p. 149.
- ^ Palmer 2011, p. 157.
- ^ Palmer 2008, p. 115.
- ^ Palmer 2011, p. 151.
- ^ Palmer 2011, p. 148.
- ^ Nugent, Addison (August 17, 2017). "Cults Are Making a Comeback in France — Why?". OZY. Archived from the original on August 17, 2017. Retrieved April 8, 2020.
- ^ Henley, Jon (June 23, 2000). "Church attacks new French anti-cult law". The Guardian. ISSN 0261-3077. Retrieved April 8, 2020.
- ^ Webster, Paul (June 14, 2000). "France to crack down on sects". The Guardian. ISSN 0261-3077. Retrieved January 1, 2007.
- ^ Palmer 2011.
- ^ Palmer 2008.
- Sources
- Palmer, Susan J. (2008). "France's "War on Sects": A Post-9/11 Update". Nova Religio. 11 (3): 104–120. doi:10.1525/nr.2008.11.3.104. ISSN 1092-6690.
- Palmer, Susan J. (2011). "Néo-Phare: The First Application of the About-Picard Law". The New Heretics of France: Minority Religions, la Republique, and the Government-Sponsored "War on Sects". Oxford University Press. ISBN 978-0-19-973521-1.
Further reading
[edit]- Law 2001-504 of June 12, 2001 (unofficial translation into English)
- Introvigne, Massimo; Richardson, James T. (2001). "Western Europe, Postmodernity, and the Shadow of the French Revolution: A Response to Soper and Robbins". Journal for the Scientific Study of Religion. 40 (2): 181–185. ISSN 0021-8294. JSTOR 1387944.
- Richardson, James T.; Introvigne, Massimo (2001). ""Brainwashing" Theories in European Parliamentary and Administrative Reports on "Cults" and "Sects"". Journal for the Scientific Study of Religion. 40 (2): 143–168. doi:10.1111/0021-8294.00046. ISSN 1468-5906.
- Palmer, Susan J. (2004). "The Secte Response to Religious Discrimination: Subversives, Martyrs, or Freedom Fighters in the French Sect Wars?". In Lucas, Phillip Charles; Robbins, Thomas (eds.). New Religious Movements in the 21st Century: Legal, Political, and Social Challenges in Global Perspective. New York: Routledge. ISBN 978-0-415-96576-7.
- Wybraniec, John; Finke, Roger (2001). "Religious Regulation and the Courts: The Judiciary's Changing Role in Protecting Minority Religions from Majoritarian Rule". Journal for the Scientific Study of Religion. 40 (3): 427–444. doi:10.1111/0021-8294.00067. ISSN 1468-5906.