ECLJ challenges the French Sect Law at the European Court of Human Rights

November 2, 2006

(Strasbourg, France)—Ever since the enactment of the French Sect law, suspicion was drawn upon the French government because of the wide discretion given to instruments of the government, including the prosecutor’s office and local officials, in determining what religious denomination is or is not a cult. If the determination is thereafter made, the government has almost unfettered power in punishing the denomination or its individual members.

One such case occurred in France a decade ago which involved a small evangelical church which the French authorities deemed to be a cult, despite rules of governance and a statement of faith wholly typical of any given evangelical church. Despite the closure of the church several years earlier, which was published in the Official Journal, the prosecutor’s office in Versailles ordered the early morning raid of three homes and took the children into custody as wards of the State, stating that the custody orders were pre-emptive in order to prevent harm to the children as the parents belonged to a cult.

ECLJ, working with one of the families, has filed at the European Court of Human Rights in the matter of Schmidt and Others v. France. The claim states inter alia that, first, there is no evidence that the church in question was anything but a regular and lawful evangelical church; second, that the families ceased being members of the Church several years before the custody claim as the church was officially dissolved; third that the takings were done without prior investigation and without any evidence or accusation of abuse or maltreatment of the children. Despite efforts by lawyers, Members of European Parliament, officials and government leaders in several countries to overturn the ruling as contrary to law and public policy, the French government refused even supervised parental access for seven years. With the matter eventually being brought before a Court in the United Kingdom, the Family Court within a fortnight reversed the custody order claiming that the French government had no case to bring and no authority to maintain wardship.

The European Court is now hearing the matter and the next submissions are due in mid-November. ECLJ representative Roger Kiska comments that: “the claim in question highlights just how such a law could be abused to suit a political need. This action is necessary to maintain the integrity of the rule of law and ensure French compliance with Article 9 of the European Convention of Human Right’s guarantee of freedom of religion.” ECLJ.org will keep you posted with any happenings in the important case.