E/CN.4/1992/52
page 92
However, it should be noted that religious organizations are not rendered
immune from the requirements of criminal or other relevant legislation by
their religious status. For example, in Church of Scientology v. the Queen,
(1987) 31 C.C.C. (3d) 449, the Ontario Court of Appeal held that the Church of
Scientology was not protected from the operation of a search warrant relating
to an alleged offence of fraud on its part by the guarantee of freedom of
religion in the Charter."
In its general reply, the Government of Cyprus referred to this question
as follows:
"All religions whose doctrines or rites are not secret are free.
All religions are equal before the law. Without prejudice to the
competence of the Communal Chambers under this Constitution, no legislative,
executive or administrative act of the Republic shall discriminate against any
religious institution or religion.*
Every person is free and has the right to profess his faith and to
manifest his religion or belief, in worship, teaching, practice or observance,
either individually or collectively, in private or in public, and to change
his religion or belief.
The use of physical or moral compulsion for the purpose of making a
person change or preventing him from changing his religion is prohibited.
Freedom to manifest one's religion or belief shall be subject only to
such limitations as are prescribed by law and are necessary in the interests
of the security of the Republic or the constitutional order or the public
safety or the public order or the public health or the public morals or for
the protection of the rights and liberties guaranteed by this Constitution to
any person.
Until a person attains the age of sixteen the decision as to the religion
to be professed by him shall be taken by the person having the lawful
guardianship of such person."
"The distinction between religion, religious sect and religious
association: there is no legislative text giving a definition of religion and
religious sect; however, on the basis of article 10 of the Fundamental Law, it
can be said that a religious association is a group of citizens whose purpose
is to engage collectively in religious activity.
As far as religion is concerned, the official meaning of the term is that
it is a set of doctrines and practices concerned with the relations between
man and God.