E/CN.4/1998/6/Add.2
page 14
about it in a pamphlet entitled “Sects and psycho-groups in Germany”.
The Administrative Tribunal dismissed the case on the grounds that the
information given did not violate the law. In a similar case, complaints by
Transcendental Meditation were rejected in various proceedings which went as
far as the Constitutional Court.
59.
According to the authorities, in order to enable the State to discharge
its obligations in the matter of protecting citizens, the law gives it the
right, which derives directly from the Constitution, to take a position in
relation to the public and to issue recommendations or warnings, for religious
and philosophical communities among others. The Federal Government must,
however, respect the following restrictions: the principles of necessity and
due proportion; the principle of equity (appropriate, necessary and reasonable
means), not acting on the basis of inadequate grounds; value judgements to be
based on a body of facts which essentially have to be assessed correctly and
at their true value.
60.
The seriousness of the threat to the public interest and to the rights
protected by the Constitution, and the content and function of the warning,
determine the extent and the limits of the specific information provided by
the State.
61.
As a whole, the problems of sects and sectarian groups involve the
competence of the Federal Government, the Länder and the communes, which
cooperate closely. An interministerial working group and a round table
attended by representatives of the Federal Government and the Länder provide
an opportunity for regular exchanges of experience and coordination of
activities. Apart from these official arrangements, there are contributions
from church representatives responsible for questions relating to sects and
religion, parents' action groups institutionalized at the federal, regional
and local levels, consultative bodies in the sector of private and public
social work, and other social groups and bodies. The authorities have,
however, stated that the State is not out to become involved in any kind of
competition in the area of religion and belief. According to officials and
members of the Bundestag Study Commission, similar regulatory provisions ought
to be adopted with regard to psychotherapists and psycho-groups as part of
consumer protection. In other words, products offered to the public in return
for payment should comply with the appropriate regulations, including those on
consumer protection.
62.
The associations for victims of sects and psycho-groups described their
activities relating to mutual aid, counselling and information, and social
rehabilitation with victims and those close to them and with anyone wanting to
get away from the groups and faced with problems of financial exploitation,
psychical and psychological dependence, etc. It was explained that there was
no question of challenging the freedom of religion and belief, but merely
abuses in the manifestations of that freedom. Mention was also made of the
need to regulate the psychotherapy market, where financial motives were often
concealed under a religious label.
63.
As regards the groups and communities dealt with in this part of the
report, the Mormons have the status of a legal person in public law with the
rights and advantages that that implies, including tax exemptions. As far as