Scientology status by country: Difference between revisions

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[[Image:CoSMissionOfEastTor07.jpg|thumb| [[Scientology Missions International|Scientology mission]] of East Toronto, Ontario ]]
[[Image:CoSMissionOfEastTor07.jpg|thumb| [[Scientology Missions International|Scientology mission]] of East Toronto, Ontario ]]
{{main|R. v. Church of Scientology of Toronto}}
{{main|R. v. Church of Scientology of Toronto}}
In [[Canada]], the Church of Scientology has been recognized as a religion through several administrative decisions concerning tax exemption and the authorization to perform marriages.<ref>
In [[Canada]], the Church of Scientology is considered a religious non-profit organization. The church applied for Canadian tax-exempt charity status in 1998,<ref name="globe-mail-saunders">J. Saunders & T. Appleby, ''Scientology Seeks Tax Receipt Status'', [[The Globe and Mail]], [[19 January]], [[1998]], A1, A6.</ref> was reportedly rejected in 1999,<ref name="hagglund-usenet">{{cite newsgroup|title=Charity status reported turned down|author=Gregg Hagglund|date=[[1999-11-14]]|newsgroup=alt.religion.scientology|id=130919992016161959%elrond@cgo.wave.ca|url=http://groups.google.ca/group/alt.religion.scientology/msg/38e3bce5f8b9dbbb|accessdate = 2006-08-09}}</ref> and is not registered as a charity as of December 2007.<ref name="cra-list">[https://apps.cra-arc.gc.ca/ebci/haip/srch/sec/SrchLogin-e?login=true Canada Revenue Agency Charity List]</ref> In 1992, Scientology became the only religious organization convicted in criminal court on two counts of breach of the public trust (for an organized conspiracy to infiltrate government offices) following a trial by jury.<ref>McGregor, Glen: [http://www.canada.com/ottawa/ottawacitizen/news/story.html?id=a8fe6bd0-c284-47f4-95b0-072b9209ff96 Liberal MP stars in video promoting: Scientology Controversial religion not a cult, Lee insists], ''The Ottawa Citizen'', [[October 26]] [[2005]], p. A1.</ref><ref name="criticsabroad">{{cite web | first = Lucy | last = Morgan | title = Abroad: Critics public and private keep pressure on Scientology | url = http://www.sptimes.com/News/32999/Worldandnation/Abroad__Critics_publi.html | work = | publisher = [[St. Petersburg Times]] | date = [[1999-03-29]] | accessdate = 2007-11-27 }}</ref>
{{Citation
| last =Boyle
| first =Kevin
| author-link =
| last2 =Sheen
| first2 =Juliet
| author2-link =
| title =Freedom of Religion and Belief: A World Report
| place =
| publisher =Routledge
| year =1997
| volume =
| edition =
| url =http://books.google.com/books?id=8dHujF-4QuQC&pg=PA105&dq=Scientology+religion+canada&sig=ZW2kw7VCh8SkPk3WIg-kNJ9qYPE#PPP1,M1
| doi =
| id =
| isbn =0415159776 }}.</ref>


==France==
==France==

Revision as of 22:19, 10 May 2008

The Church of Scientology pursues an extensive public relations campaign for the recognition of Scientology as a bona fide religion and cites numerous scholarly sources supporting its position.[1] While the religious character of Scientology is today recognized by most courts and governments on both sides of the Atlantic and throughout the rest of the world,[2] different countries have often taken markedly different approaches to Scientology.

The Church of Scientology has been recognized as a religion in its home country, the United States,[2] and has received various forms of recognition in Taiwan,[2] South Africa,[3] Australia,[4] Sweden[5], New Zealand,[6] and Spain[7] and thus enjoys and regularly cites the constitutional protections afforded in these nations to religious practice. Some countries, mostly in Europe, have regarded Scientology as a potentially dangerous cult, or at least have not considered local branches of the Church of Scientology to meet the legal criteria for being considered religion-supporting organizations.[8]

Australia

In 1982, there was a ruling by the High Court of Australia, in Church of the New Faith v. Commissioner Of Pay-roll Tax. The court ruled that the government of Victoria could not deny the Church the right to operate in Victoria under the legal status of "religion." All three judges in the case found that the Church of the New Faith (Church of Scientology) was a religion. Justices Mason and Brennan said (referring to the Church of Scientology as "the Corporation"):

The question to which the evidence was directed was not whether the beliefs, practices and observances of the persons in ultimate command of the organization constituted a religion but whether those of the general group of adherents constituted a religion. The question which the parties resolved to litigate must be taken to be whether the beliefs, practices and observances which the general group of adherents accept is a religion.

And in conclusion:

It follows that, whatever be the intentions of Mr. Hubbard and whatever be the motivation of the Corporation, the state of the evidence in this case requires a finding that the general group of adherents have a religion. The question whether their beliefs, practices and observances are a religion must, in the state of that evidence, be answered affirmatively. That answer, according to the conventional basis adopted by the parties in fighting the case, must lead to a judgment for the Corporation.

Justice Murphy said:

Conclusion. The applicant has easily discharged the onus of showing that it is religious. The conclusion that it is a religious institution entitled to the tax exemption is irresistible.

and

The conclusion to which we have ultimately come is that Scientology is, for relevant purposes, a religion. With due respect to Crockett J. and the members of the Full Supreme Court who reached a contrary conclusion, it seems to us that there are elements and characteristics of Scientology in Australia, as disclosed by the evidence, which cannot be denied.[9]

Austria

In 2002, the Austrian tax office came to the conclusion that the work of the Church of Scientology in Vienna is for the public benefit rather than for anyone’s personal profit, and thus granted that church tax-exempt status as a charitable religious organization.[2]

However, Scientology does not have the status of a religious confessional community in Austria.[10] A religious group that seeks to obtain this status is subject to a six-month waiting period from the time of application to the Ministry of Education and Culture.[10] In May 2006, Scientology applied for this status, but later withdrew its application.[10] According to the U.S. State Department, the Church of Scientology has reported that individual Scientologists in Austria have experienced discrimination in hiring.[10]

Belgium

Main article: Scientology in Belgium

In Belgium, only six religions are permitted to be officially recognized by the Government: Roman Catholicism, Protestantism, Anglicanism, the Orthodox Church, Judaism and Islam. [11] Scientology has been refused in its appeals as a candidate for the status of recognized religion.[12]

On September 4, 2007, the European press reported that a Belgian federal court had indicted 12 physical persons associated with Scientology and two moral entities – the Belgian Church of Scientology and Scientology's Office of Human Rights – on counts of extortion, fraud, organized crime, obstruction of medical practice, illegal medical practice, invasion of privacy, conspiracy and commercial infractions like abusive contractual clauses. [13][14] Template:Fr icon

The Church of Scientology has accused the prosecutor of "using the media, trying to damage the reputation of the Church of Scientology and not being able to put a case in court" for the last decade. It added that the prosecutor's recommendations suggested Scientology was guilty even before a court could hear the charges, making it "difficult for the Church of Scientology to recover and properly defend (itself) before the court." [15]

The prosecution has indicated an intent to have the Church of Scientology classified as a criminal organization as per Belgian law.[16]

Canada

Scientology mission of East Toronto, Ontario
Main article: R. v. Church of Scientology of Toronto

In Canada, the Church of Scientology has been recognized as a religion through several administrative decisions concerning tax exemption and the authorization to perform marriages.[17]

France

France takes a hostile stance against Scientology.[2] In 2000, a government committee recommended dissolving the Church of Scientology there on the grounds that its activities threaten public order.[18] It described the Church as a totalitarian sect that kept files containing personal information on its members, and as "extremely dangerous".[18] The report rejected U.S. criticism of the French government's hostility towards Scientology, saying that Washington's protection of sects was "exorbitant".[18]

In July 2002, a Paris judge ruled that a 13-year-old case against the Church of Scientology alleging fraud and illegal practice of medicine could not go to trial, due to lack of progress in the investigation.[19] The judge ruled that the statute of limitations had expired in the case.[19]

Germany

The status of Scientology in Germany is unresolved.[20] Two points are contested: firstly, whether or not the teachings of Scientology qualify as a religious or ideological teaching, and secondly, whether or not these teachings are only used as a pretext for purely commercial activity; if the latter were the case, this would most likely imply that Scientology would not qualify for protection as a religious or ideological community under Article 4 of the German constitution.[20]

In 1995, the Federal Labor Court of Germany took the view that the Church of Scientology does not represent a religious or ideological community entitled to protection under Article 4 of the German Constitution, but in 2003, in another decision, left this question open again.[20]

The Federal Court of Justice of Germany has not yet made an explicit decision on the matter, but implicitly assumed in 1980 that Scientology represents a religious or ideological community.[20] The Upper Administrative Court in Hamburg explicitly asserted in 1994 that Scientology should be viewed as an ideological community.[20] The Administrative Court of Baden-Württemberg likewise does not endorse the view that the teachings of Scientology merely serve as a pretext for commercial activity.[20] The Federal Administrative Court of Germany in 2005 explicitly granted a Scientologist protection under Article 4.1 of the German Constitution, which declares the freedom of religion inviolate.[21][22][20]

In most legal cases, however, German courts have judged the status of Scientology to be irrelevant to their decision and have opted to leave the question open.[20]

The German government has recently confirmed that it does not consider Scientology a religious or ideological community.[20]

Scientology is currently being monitored in some German states by the Bundesamt für Verfassungsschutz (Federal Office for the Protection of the Constitution), which takes the view that the aims of Scientology run counter to Germany's free and democratic basic order.[23] In the city of Hamburg, the Scientology Task Force for the Hamburg Interior Authority also monitors the group. In November 1999, a German official was arrested in Switzerland and given a 30-day suspended jail sentence for spying on Scientology. The German government apologized to Switzerland for the incident.[24] In December of 2001, the Administrative Court in Berlin ruled against the Berlin Office for the Protection of the Constitution and ordered it to stop the recruitment and deployment of staff and members of the Church of Scientology Berlin as paid informants. The court ruled that the use of informants was disproportionate. [25]

The U.S. State Department has repeatedly claimed that Germany's actions constitute government and societal discrimination against minority religious groups, including Scientology.[26][27] On June 2000, the U.S. House of Representatives held hearings concerning Germany's actions towards American Products based on religion and Scientology.[28][29] Germany's handling of Scientology has also been called into question before open hearings of the United Nations Human Rights Committee. The hearings ended up without any consequences or criticism from the Committee regarding Germany's handling of Scientology.[30]

The German Embassy in Washington, D.C., stated in 1997 that Scientology has religious freedom guarantees and that the Church of Scientology has waged an aggressive campaign against Germany. Ignatz Bubis, the recently deceased chairman of the Council of Jews in Germany, who was Germany's top Jewish leader, defended Germany, saying, "Germany needs to be protected, the German Government and the German leadership need to be protected from this wild charge made by the Church of Scientology in the U.S. ... We reject this campaign. It is most unfair to Germany and to Germans in general."[31]

In March 2007, it was reported that Scientology had opened a new headquarters in Berlin, and that German authorities were responding by increasing their efforts to monitor Scientology.[32] On December 7, 2007, German federal and state interior ministers expressed the view that the Scientology organization continues to pursue anti-constitutional goals and asked Germany's domestic intelligence agencies to collect and evaluate the necessary information that would be required for a possible judicial inquiry aimed at banning the organization.[33][34] However, the move was criticized by politicians from all parts of the political spectrum, with legal experts expressing concern that an attempt to ban the organization would most likely fail in the courts.[33][35] This view was echoed by the German intelligence agencies, who warned that a ban would be doomed to fail.[36]

Greece

In the case "Attiki Prefecture vs KEPHE," the practice of Scientology was ordered ended in Greece.[37] An appeal to the Athenian Court of Appeals ended with a reaffirmation of the verdict.[38] The verdict was originally issued on December 20, 1995, but was not immediately put into effect. In January 1998 a Greek appeals court ordered Scientology's assets liquidated.[39] The appeals process came to its conclusion in 2002, when KEPHE ended its appeals.

Ireland

In Ireland, Scientology maintains a mission in Dublin.[40] The Church of Scientology Mission of Dublin Ltd. is not listed with Ireland's Office of the Revenue Commissioners as an authorised charity for donation tax relief.[41]

Italy

Although most Italian courts did give recognition to Scientology as a religion, including Rome and Turin, the court of Appeals Court of Milan did not do so during the 20-year-long criminal trial of various Scientologists.[42] The Appeals Court of Milan twice refused to recognize Scientology as a religion, but its decisions were overturned by the Italian Supreme Court.[43] The Italian Supreme Court gave exact guidelines to the Appeals Court of Milan to follow.[44] Following these guidelines the Appeals Court of Milan concluded:

This Judge – along with the Supreme Court – acknowledges the fact that the evidence collected does not lead to the exclusion of the denominational character of Scientology that is supported by its by-laws and public recognition.[44] A criminal association amongst the present defendant does not exist[44]

With that, the Appeals Court of Milan exonerated the defendants of all charges.[44] Responding to the charge that Scientology had an inordinate interest in making money, the Supreme Court noted that this charge "appears much less excessive if we consider how money was raised in the past by the Roman Catholic Church."[2]

In March 2000, the Italian Supreme Court upheld Scientology's religious status in Italy while reaffirming that Narconon is a non-tax-exempt for-profit business.[45]

New Zealand

The government of New Zealand issued an official decree in December 2002, fully recognizing the Church of Scientology of New Zealand as an exempt religious and charitable organization.[2]

Russia

The Church has been subjected to considerable pressure from the state in Russia.[46] On April 2007, the European Court of Human Rights ruled against Russia for repeatedly refusing to consider recognise Moscow's Church of Scientology application for the status of legally valid religious association. The Court of Human Rights found that the reasons given to deny re-registration of the church by the justice department and endorsed by the Moscow courts had had no legal basis.[47][48] In July 2007, the St. Petersburg City Court ordered that the city's Scientology center be closed for violating its charter by engaging in unlicensed health care services.[49]

Spain

On 31 October 2007 the National Court in Madrid issued a decision recognizing that the National Church of Scientology of Spain should be entered in the Registry of Religious Entities.[50]

Wikinews has related news:

The administrative tribunal of Madrid's High Court ruled that a 2005 justice ministry decision to scrap the church from the register was "against the law."[50] Responding to a petition filed by the church, the ruling said that no documents had been presented in court to demonstrate it was anything other than a religious entity.[7]

Authorities had earlier declared that the government would not interfere in any way with the activities of the Church of Scientology.[51]

South Africa

On 1975, Scientology was recognized as a non-profit organization in South Africa despite formal government Commission of Inquiry that recommended otherwise.[52] On April 2000, Scientology ministers were granted the right to perform marriages thus recognizing Scientology as a religion.[3] On Dec, 2007, South Africa granted a certificate to the Church recognizing it as as a 'Public Benefit Organisation'.[53]

Sweden

In November 1999, the government of Sweden declared that the Church of Scientology is a charitable, non-profit organization with a religious purpose.[2] One year later, the Church's ministers were granted the right to perform marriages, completing official recognition as a church.[2]

Taiwan

In March 2003, the National Ministry of the Interior for Taiwan recognized the Church of Scientology of Taiwan as a charitable religious institution, officially adding it to the rolls of the country's recognized religions.[2]

United Kingdom

The Church's application for charity status in England and Wales was rejected in 1999.[54] In 2000, the Church of Scientology was exempted from UK value added tax on the basis that it is a not-for-profit body.[55] In 2001, Church employees who are also part of what is described as its religious order were declared not subject to the ordinary wage laws. The Ministry of Defence has confirmed that Scientology is "an officially recognised religion in the Royal Navy".[54] The UK government has heavily criticized the Church in the past as documented in 1971 in the Foster Report but places no restrictions upon its activities. In Scotland, Scientology is not permitted to refer to itself as a religion.[2]

United States of America

Since 1993, courts in the United States have formally recognized Scientology as a religion.[2]

After being recognized as a tax-exempt religious organization in 1957, Scientology's tax-exempt status was lost in a 1967 IRS audit.[2] As part of the effort to regain tax exemption during the late 1970s, Scientologists repeatedly infiltrated the IRS, copying large numbers of documents and at one point placing an electronic bugging device in an IRS conference room.[2] These actions took place within a program code-named Operation Snow White.[2] Eleven high-ranking Scientologists, including Hubbard's wife Mary Sue Hubbard, were sentenced to time in prison for acts surrounding this operation.[2] Hubbard himself was named as an unindicted co-conspirator as investigators could not link him to the crimes.[2]

The Church then embarked on an aggressive, but more legal course, the church's hundreds of affiliated entities filing a steady stream of lawsuits against the IRS in an attempt to have their tax-exempt status approved.[2] In addition, members of the Church started filing thousands of lawsuits against the IRS, claiming that they were entitled to tax deductions for auditing and training expenses.[2]

They were finally rewarded in October 1993, when the IRS formally announced that the Church of Scientology and its related social betterment organizations had been granted tax exemption again.[2]

Since then, the U.S. State Department has formally criticized Germany for religious discrimination against Scientologists.[56] In March 1997, the New York Times published an article chronicling "Scientology's puzzling journey from tax rebel to tax exempt" in the United States.[56]

See also

References

  1. ^ "The Bonafides of the Scientology Religion". Church of Scientology. Retrieved 2007-07-21.
  2. ^ a b c d e f g h i j k l m n o p q r s t Davis, Derek H. (2004). "The Church of Scientology: In Pursuit of Legal Recognition" (PDF). Zeitdiagnosen: Religion and Conformity. Münster, Germany: Lit Verlag. Retrieved 2008-05-10. {{cite conference}}: Cite has empty unknown parameter: |coauthors= (help); Unknown parameter |booktitle= ignored (|book-title= suggested) (help)
  3. ^ a b "Scientology Marriage Officers Approved in South Africa". CESNUR. 2000-04-11. Retrieved 2007-07-21. {{cite web}}: Check date values in: |date= (help)
  4. ^ Singer, Jill (2007-07-02). "Hubbard's Scientology 'built on nonsense'". Herald Sun. Retrieved 2007-11-27. {{cite web}}: Check date values in: |date= (help)
  5. ^ "Decision of March 13, 2000 registering Scientology as a "religious community" in Sweden". CESNUR. 2000-03-13. Retrieved 2007-07-21. {{cite web}}: Check date values in: |date= (help)
  6. ^ "Scientology gets tax-exempt status". New Zealand Herald. 2002-12-27. Retrieved 2007-08-01. the IRD said the church was a charitable organisation dedicated to the advancement of religion {{cite web}}: Check date values in: |date= (help)
  7. ^ a b "La Audiencia Nacional reconoce a la Cienciología como iglesia". November 1, 2007. {{cite web}}: Unknown parameter |pub= ignored (|publisher= suggested) (help) Template:Languageicon
  8. ^ Scientology and Germany. Understanding the German View of Scientology.
  9. ^ High Court of Australia CHURCH OF THE NEW FAITH v. COMMISSIONER OF PAY-ROLL TAX (VICT.) 1983 154 CLR 120
  10. ^ a b c d US Department of state
  11. ^ Belgium Clamps Down on Scientology Church | The Brussels Journal
  12. ^ Planchar, Roland (July 2005). "Un impôt et deux religions de plus?". La Libre Belgique. Retrieved 2006-07-23.
  13. ^ Scientology Faces Criminal Charges
  14. ^ Planchar, Roland (2007-09-04). "La Scientologie plus près de son procès". La Libre Belgique. Retrieved 2007-09-04. {{cite web}}: Check date values in: |date= (help)
  15. ^ FOXNews.com - Church of Scientology Faces Criminal Charges in Belgium - International News | News of the World | Middle East News | Europe News
  16. ^ Reuters (2007-09-05). "Belgium charges Scientologists with extortion". Sydney Morning Herald. Retrieved 2007-11-12. {{cite web}}: |author= has generic name (help); Check date values in: |date= (help)
  17. ^ Boyle, Kevin; Sheen, Juliet (1997), Freedom of Religion and Belief: A World Report, Routledge, ISBN 0415159776.
  18. ^ a b c Staff, BBC News (8 February 2000), France urged to ban Scientology, retrieved 2008-05-10{{citation}}: CS1 maint: date and year (link).
  19. ^ a b Staff (31 July 2002), "FRANCE Statute of limitations nixes case against Church of Scientology", The Salt Lake Tribune{{citation}}: CS1 maint: date and year (link).
  20. ^ a b c d e f g h i bundestag.de: Legal questions concerning religious and ideological communities, prepared by the Scientific Services staff of the German Parliament (in German)
  21. ^ German Law Journal
  22. ^ BVerwG Az.: 7 C 20.04, 15 December 2005
  23. ^ Scientology-Organisation
  24. ^ Switzerland: Scientology Spying by a German Official Spurs Jail Term
  25. ^ Berlin Administrative Court Rules Against the Use of Undercover Agents Posing as Scientologists
  26. ^ State Department's International Religious Freedom Report 2006
  27. ^ State Department's International Religious Freedom Report 2007
  28. ^ Discrimination on the Basis of Religion and Belief in Western Europe
  29. ^ Tank, Ron (1997-01-30). "U.S. report backs Scientologists in dispute with Germany". CNN. Retrieved 2007-11-12. {{cite web}}: Check date values in: |date= (help); Unknown parameter |coauthors= ignored (|author= suggested) (help)
  30. ^ Summary record of the first part (public) of the 1553rd meeting : Germany. 23/01/97. CCPR/C/SR.1553. (Summary Record). Office of the United Nations High Commissioner for Human Rights, Geneva.
  31. ^ German Embassy in Washington, D.C.: Scientology and Germany: Understanding the German View of Scientology
  32. ^ Stark, Holger (2007-03-27). "Scientology's New European Offensive: The March of the 'Orgs'". Der Spiegel. Retrieved 2007-11-12. {{cite web}}: Check date values in: |date= (help); Unknown parameter |coauthors= ignored (|author= suggested) (help)
  33. ^ a b Scientology – Zweifel an Verbotsplänen, article in Tagesspiegel, 2007-12-8
  34. ^ Sammlung der zur Veröffentlichung freigegebenen Beschlüsse der 185. Sitzung der Ständigen Konferenz der Innenminister und -senatoren der Länder am 7. Dezember 2007 in Berlin (in German)
  35. ^ Innenminister fordern Verbot von Scientology, article in Die Welt, 2007-12-8
  36. ^ "Lack of Evidence: Agencies Warn Scientology Ban Doomed to Fail". Der Spiegel. 2007-12-10. Retrieved 2007-12-18. {{cite web}}: Check date values in: |date= (help)
  37. ^ "Attiki Prefecture vs KEPHE," Case Number 7380/1996, Athenian Court of First Instance
  38. ^ Appeal for "Attaki Prefecture vs KEPHE," Case Number 10493/1997, Athenian Court of Appeal
  39. ^ Cite error: The named reference criticsabroad was invoked but never defined (see the help page).
  40. ^ Scientologists Working for a Drug-Free Dublin
  41. ^ List of Registered Charities in the Republic of Ireland—from revenue.ie
  42. ^ http://www.cesnur.org/testi/scient_oct2000.htm Scientology Wins Mother of All Court Cases
  43. ^ The Italian Supreme Court Decision on Scientology
  44. ^ a b c d The Court of Appeals of Milan Decision
  45. ^ Italian Supreme Court decision
  46. ^ Church of Scientology International Presentation on Religious Freedom in Russia
  47. ^ ECHR, Church of Scientology Moscow v. Russia, application no. 18147/02, 5 April 2007
  48. ^ [1] IOL, April 5,2007
  49. ^ Associated Press (2007-07-12). "Russian court shuts down Scientology center in St. Petersburg: prosecutors". International Herald Tribune. Retrieved 2007-07-16. {{cite news}}: Check date values in: |date= (help)
  50. ^ a b "Spanish court rules Scientology can be listed as a religion". November 1, 2007. {{cite web}}: Unknown parameter |pub= ignored (|publisher= suggested) (help)
  51. ^ "International Religious Freedom Report 2006". United States Department of State. 2006-09-14. Retrieved 2007-01-31. {{cite web}}: Check date values in: |date= (help)
  52. ^ Scientology: A Religion in South Africa by David Chidester, University of Cape Town, South Africa
  53. ^ South African tax break for Church of Scientology
  54. ^ a b "Decision of the Charity Commissoners for England and Wales" (PDF). Charity Commission. 1999-11-17. Retrieved 2006-07-06. {{cite web}}: Check date values in: |date= (help) (PDF)
  55. ^ Harry Wallop: Scientology tax victory could cost Revenue millions, Daily Telegraph, 11 Aug. 2006
  56. ^ a b Frantz, Douglas (1997-03-09). "Scientology's Puzzling Journey From Tax Rebel to Tax Exempt". New York Times. Retrieved 2007-11-12. {{cite web}}: Check date values in: |date= (help)

External links

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