How can a society protect religious freedom and still protect people from harm?

Countries that have faced harmful groups have reached for different tools, from judging the acts to passing laws aimed at groups or keeping them under watch, and each tool has its critics.

One common answer is to protect belief while judging harmful acts. Freedom of religion is a principle that supports the freedom to manifest religion or belief in teaching, practice, worship and observance, but Article 18 of the UN International Covenant on Civil and Political Rights allows restrictions only when necessary to protect public safety, order, health or morals, or the fundamental rights and freedoms of others. In practice, countries use different tools, and each draws criticism.

The first tool is to judge acts. In 1878 the US Supreme Court held in Reynolds v. United States that religious duty was not a defense to a criminal . The second is a law aimed at groups: France's 2001 About–Picard law targets movements deemed "cults" that undermine human rights and fundamental freedoms; some commentators allege it infringes religious freedom while proponents say it reinforces it. A third is closer oversight: after the Aum Shinrikyo attacks Japan placed the group under in 2000, and after Shakahola Kenya's president appointed a and a task force to review the regulations governing religious organizations.

Examples in this lesson
  1. 1878

    Reynolds: religious duty is no defense to a criminal charge

  2. 1980-81

    New York deprogramming bills passed, then

  3. Jan 2000

    Aum Shinrikyo placed under in Japan

One tool was rejected: forcing people out. When New York's legislature passed bills in 1980 and 1981 that would have allowed involuntary deprogramming, the governor them because they violated religious and other constitutional freedoms. The balance is always contested, and this lesson describes the options without choosing one.

Quiz me

0/3

  1. 1.According to Article 18 of the UN covenant, when may restrictions on manifesting religion be applied?
  2. 2.Why was the clause on 'mental manipulation' removed from the French law?
  3. 3.What did the US Supreme Court hold in Reynolds v. United States (1878)?

Recap

Belief is protected; harmful acts and limits on others' rights are not, and the hard part is drawing that line fairly.

💡 A trick to remember it · Protect the belief, judge the act, and watch that the watching does not become the harm.

Surprising fact · A French draft that would have criminalized 'mental manipulation' was dropped because critics said it was too vague.

Sources (7)

No source, no claim. Every fact in this lesson (16 claims) cites at least one of these.

  1. [1]Freedom of religion · Wikipedia
  2. [2]About–Picard law · Wikipedia
  3. [3]Reynolds v. United States · Wikipedia
  4. [4]Deprogramming · Wikipedia
  5. [5]Aum Shinrikyo · Wikipedia
  6. [6]Good News International Ministries · Wikipedia
  7. [7]Cult · Wikipedia
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