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ICRF is a non-profit, non-sectarian, educational organization dedicated to defending the religious freedom of all, regardless of creed, gender or ethnic origin. Contributions to ICRF are tax-exempt under section 501-c-3 of the Internal Revenue Code of the USA.
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Since 1966, more than 4,000 members of the Unification Church of Japan have been illegally confined by their families and “deprogrammers” in an attempt to make them leave the religion which they, as adults, freely chose to join. Those who escaped their captors report the use of force, prison-like conditions, an intense effort to pressure the believer to change his or her faith, even beatings, starvation, and rape.
We therefore appeal to the leaders of the United States and the international human rights community to support the campaign for justice. A clear signal must be sent to those who perpetrate these crimes that their behavior will not be tolerated. Japan must adhere to international human-rights standards and live up to its own constitution, which affirms a commitment to protect religious freedom.
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DEFINING RELIGION IN AMERICAN LAW |
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by Bruce J. Casino
This paper will seek to provide an insight into the issue of how "religion" is to be defined. This issue is crucial to international human rights law since the protections afforded religious freedom by the various international and national treaties, conventions, declarations and constitutions apply only to religious beliefs and actions. The American legal system has long been concerned with this definitional issue and has developed more case law and legal commentary on the subject than any other nation. Thus the insights provided by American law may prove useful as governmental agencies or courts in other nations or international tribunals consider the issue.
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Dan Fefferman and Ray Mas
January, 2010
While the term "deprogramming" first came into use in the United States in the 1970s, the phenomenon of parents and relatives using force to influence a convert to renounce a new faith dates back to ancient times. The history of western religion contains many examples of people being forced to renounce a new-found faith. Parents of early Christian martyrs such as Saint Thecla and Saint Pepetua were among the first to attempt to break the faith of their adult children because of the social unacceptability of their faith. In medieval times, the parents of Saint Francis of Assisi went to the civil authorities to force him to recant his decision to give away his possessions and devote himself to "Lady Poverty." Saint Thomas Aquinas was held captive in a family castle for nearly two years as his relatives tried to dissuade him from his commitment to the still new Dominican order. The Spanish Inquisition resorted to torture and death threats in order to influence converts of other faiths to return to the Catholic Church. The Protestant Reformation witnessed numerous families bitterly divided as members opted for opposing versions of Christianity.
Islamic scripture and law forbids compulsion in matters of religion. Nonetheless, in practice, forced conversions have been known throughout Islamic history and families whose sons or daughters adopt another religion or sect sometimes took extreme measures in reaction. In Buddhism forced conversions are likewise forbidden. However, there have been instances in history where they have occurred. In the Edo period of Japan, when the first Christian missionaries had arrived, Tokugawa Shogunate forced many newly converted Japanese Christians to renounce their new faith.
Only in the modern era did the principle of religious freedom gradually gain wide acceptance. In Europe, the end of the wars of religion between Protestants and Catholics gave rise at first to mere toleration of competing major faiths, but smaller and newer sects often continued to face persecution. Even in the United States, where believers fled in hope of finding greater freedom, minorities such as Catholics, Jews, Quakers, and even Baptists won the right to practice their faith only gradually.
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