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84.
There are also a number of ongoing cases, including those related to tax matters, where
religious groups or communities of belief have reported instances of discrimination. In this
regard, the Special Rapporteur was told that, under the law of 9 December 1905, certain groups
or movements can be exonerated from tax as long as they exclusively exercise a religion, an
assessment that certain interlocutors have assimilated to a form of recognition of the religious
character of a group.
85.
Finally, some groups complained about difficulties and obstacles to building places of
worship and lack of access to detention facilities.
C. Human rights law
86.
The question of cult groups or new religious movements has often been debated in the
context of international human rights mechanisms. It is often claimed that measures taken
against these groups are in full compliance with human rights law because their purpose is to
protect individuals against groups or communities that want to limit their members’ right to
freedom of conscience.
87.
Nevertheless, the question of the fight against sectes raises an issue under the right to
freedom of religion or belief, as protected by international standards. Following the adoption of
the above-mentioned About-Picard Law, the Parliamentary Assembly of the Council of Europe,
in its resolution 1309 (2002) emphasized that, “[a]lthough a member State is perfectly at liberty
to take any measures it deems necessary to protect its public order, the authorized restrictions on
the freedoms guaranteed by [a]rticles 9 (freedom of thought, conscience and religion),
10 (freedom of expression) and 11 (freedom of assembly and association) of the ECHR are
subject to specific conditions […] [and] invite[d] the French Government to reconsider this
law …”.
88.
Abdelfattah Amor, the Special Rapporteur’s predecessor, elaborated on his position on
this issue at different times and in relation to different countries. In a 1997 report, Amor stated
that “[i]n actual fact, the fairly widespread hostility towards sects can be largely explained by the
excesses, the breaches of public order and, on occasion, the crimes and despicable conduct
engaged in by certain groups and communities which trick themselves out in religion, and by the
tendency among the major religions to resist any departure from orthodoxy. The two things
must be treated separately. Sects, whether their religion is real or a fiction, are not above the
law. The State must ensure that the law - particularly laws on the maintenance of public order
and penalizing swindling, breach of trust, violence and assaults, failure to assist people in
danger, gross indecency, procurement, the illegal practice of medicine, abduction and corruption
of minors, etc. - is respected. In other words, there are many legal courses open and they afford
plenty of scope for action against false pretences and misdirection. Beyond that, however, it is
not the business of the State or any other group or community to act as the guardian of people’s
consciences and encourage, impose or censure any religious belief or conviction”
(E/CN.4/1997/91, para. 99).