E/CN.4/1998/6/Add.2
page 21
religion for financial gain. Representatives of religious minorities
unanimously expressed their indignation at the statements and publicity put
out by Scientology comparing Germany's attitude towards it to that of the
Nazis towards the Jews or to religious apartheid.
82.
Associations for victims of sects and psycho-groups stressed that
Scientology was not a religion but a psycho-group, i.e. an agency for managing
people's lives, whose abuses (financial exploitation of members through
methods of psychical and psychological dependence) should be combated. They
explained that they did not want Scientology to be banned, but that they did
want full light to be thrown on its activities and its abuses to be limited.
III.
CONCLUSIONS AND RECOMMENDATIONS
83.
The Special Rapporteur devoted his attention to, first, legislation
relating to tolerance and non-discrimination in the field of religion and
belief (part I), and secondly, the implementation of that legislation and the
policy in force (part II).
84.
As regards legislation, the provisions of the Constitution fully
guarantee freedom of religion and belief, and the provisions incorporated from
the Weimar Constitution governing relations between the State, the churches
and the religious communities are very comprehensive. They strike the right
dynamic balance between religion and politics, avoiding the extremes of
“anti-religious clericalism” and “religious clericalism” and allowing a
symbiotic relationship, governed by principles of neutrality, tolerance and
equity, between the State and religions. In this respect, it is noteworthy
that the status of legal person in public law that may be accorded to cults
and entails certain rights and advantages is related not to the religious
nature of the cult but to whether it is in the public interest. This status
ensures a form of cooperation with the State, but unlike other legal persons
in public law, cults are not incorporated into the State structure. Where the
principle of neutrality is concerned, and as the question of religion in State
schools demonstrates, whether in the case of the crucifix or religious
instruction, interpretation of the principle is not rigid and has to take
balanced account, within the framework of the provisions of the Constitution,
of the minorities and the majority, while respecting the freedom of belief of
all.
85.
On the question of the implementation of legislation and the policy in
force, the Special Rapporteur focused his attention and analysis successively
on religious minorities and other groups and communities in the field of
religion and belief and on the Church of Scientology, in the context of their
relations with society and the State.
86.
In order to conduct a comprehensive and at the same time detailed
analysis of situations, the Special Rapporteur considers it necessary to
recall the characteristics of the overall framework within which German
legislation and policy on religion and belief are implemented. Undeniably,
Germany is today a democratic liberal State based on sound democratic
institutions, legislation that conforms to international law and a vigorous
international human rights policy. German democracy is also based on a