Year XVI -Issue. 08 - 2000

 

 

 

 

 

Achille Aveta

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MENTAL CONTROL AND NATIONAL LEGISLATION (2ND PART)

The German option In Germany politicians gave their opinion again and again about the religious matter we are examining.

In June 1998 the German Federal Parliament received the final report about the so-called sects and psycho-groups. Even this Board made itself guided by the State neutrality and tolerance principle. The groups clustered under the definition of sects were charged of seclusion, psychical manipulation, fraud, exploit, to cause serious psychological damages to members ...- Therefore the survey of the Board aimed, among others, to: - individuate the damages coming from these organization for individuals, State and society; - study the political-social targets both evident and hidden of these organizations; - to set the legal range of the claim for freedom in religion by new religious and philosophic movements, the so-called sects and psycho-groups.

The concept of psychological dependency or the "spiritual" one describes that, looking at them from outwards, they are related to the influence of a group or authority on damage of individuals.

If watching at case studies, when an individual tries to stick up his own rights against a group, the single is subjected, as a denouncer, to the burden of proof of the declared facts. That seems easy, if declaring documents are on disposal. Nevertheless, if the validity of such documents is brought into question by the group or its members, the individual can find easily himself in troubles: for internal procedure in general there are neither written documents nor neutral witnesses; the member that keep in the organization normally won't depose in favour of an ex-member. Informal behaviours, as for example the exploit of a pressing situation or a situation of weakness, are practically impossible to be proved. Further the current legislative situation makes possible for the organizations at matter to argue in public that the charges against them do not concern the association itself but regrettable behaviours ascribable to single subjects.

The Swedish orientation In October 1998 also a Swedish governmental Board issued a report about religious movements. Every year in Sweden near a hundred people applies for help for problems related to the belonging to or the leaving form a new religious movement. It's grounded the hypothesis that a increasing number of individuals would ask for help if the assistance operators were aware of the specific problems rising from in these contexts. The Board recommended a more articulated inquiry.

The results of the inquiry must be conveyed in the proposed "KULT" (the Swedish acronym for "Creed Matters Study Centre "). One of the main tasks of this foundation would be that of keeping opened the communication among movements and society, between minorities and majorities, as well as the training of personnel that professionally could contact persons in crisis due to their belonging to an alternative movement.

The Board proposed further surveys both short and long term about the condition of young. Indeed the Board found out during its researches several cruelty episodes, both mental and physic, on damage of children.

The Swedish legislation, on the Board opinion, offers insufficient safeguard measures, as regard to what in the report is defined improper influence or manipulation.

The Board proposed, therefore, to introduce in the Swedish crime code a new provision that must turn the improper influence a punishable crime. The introduction of the term "improper influence " into legislation will be on benefit of both who practices seriously one's own religion and personal wholeness.

The Russian viewpoint

A 1997 law of the Russian Federation about Freedom of conscience and religious associations, splits religious kind bodies in 'religious associations', in theory legal, and in "organizations " that can be 'disposed of' since they are illegal.

"Disposing of " must be decreed by judicial authorities and may be decided for a wide range of reasons as: incitement to suicide, coercion to destroy family, attack to individual and to citizens' rights and freedom, damage to citizens' morals and health, the use of hypnosis, violation of social order, incitement to religious conflicts.

 

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