Working group on religious discrimination in France

The Working Group held an online meeting to explain and understand the
potential discriminatory results that the French law proposal on
“Reinforcing the Fight Against Cultic Deviances” could have.

Since the law proposal on “Reinforcing the Fight against Cultic
Deviances” was proposed it went before the Senate on the 19th December.
Over 100 academics and individuals from organisations concerned with
religious freedom signed a letter pointing out and opposing it most
discriminatory clauses.

The Senate essentially suppressed article 1 and 2 (on “psychological
subjection”) and article 4 (provocation to abandon treatments…). This
was good progress.

The next step of the legislative process was to submit the initial law
proposal along with the Senate’s amendments to the National Assembly’s
Commission on Law. It has already been assigned to a member of the
committee, Brigitte Liso, who is closely associated with CAFFES – a
French anti-cult (essentially anti-minority religions). She has stated
her intention to re-implement the articles removed by the Senate. Once
adopted by the Law Commision it will go before the National Assembly on
the 13th or 14th February.

It has now passed through the National Assembly with the inclusion of the
most discriminatory articles removed by the Senate. As this is at odds with that version
it will have to go before a “mixed committee”, composed of
7 senators and 7 deputies, who will have to come to an agreement on a
compromised version. If they do not, then it goes back to Senate and
Assembly and the Assembly has the final word.

At this point it will become law – though may be subject to challenge before the
Constitutional court.

It is also worth noting that Sabrina Agreti Roubache, Minister for
Citizenship, also said in an interview that they are going to fight for
the initial version of the law proposal to be adopted.

Please find a more extensive explanation of the law by Mr. Eric Roux,
Chair of the European Freedom of Religion or Belief Roundtable.

The Working Group’s discussion with Professor Eileen Barker on the
potential dangers of passing such legislation is also summarised.

Update:

In yet another indication where French judiciary appear to be pushing further into, and limiting, the religious ‘space’ in the country a civil court, the Tribunal of Lorient, judged against the Dominican Sisters of the Holy Spirit, a Catholic Institution, was determined to have wrongfully dismissed a Sister of that Order. After internal apostolic investigation by the Vatican to determine the extent of complaints against her, the Sister was dismissed (without the Tribunal even notifying or calling on the Vatican for comment). The decision of the tribunal seriously challenges the principle that the expulsion of a member from a religious body is based on theological and not only on legal reasons, on which secular courts cannot interfere without seriously violating religious liberty.

For more information see https://www.vaticannews.va/en/vatican-city/news/2024-04/holy-see-press-office-france-former-nun-marc-ouellet.html
https://bitterwinter.org/dominican-sisters-of-the-holy-spirit-vatican-vs-france-on-religious-liberty/