Japan embracing faith-breaking concepts of “undue influence” and “mental manipulation”, rejected in the free world, but embraced by totalitarian regimes like Russia and China
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Patricia Duval, French attorney and expert on international human rights law. She has defended the rights of minorities of religion or belief in domestic and international fora, and before international institutions such as the European Court of Human Rights, the Council of Europe, the Organization for Security and Co-operation in Europe, the European Union, and the United Nations. She has also published numerous scholarly articles on freedom of religion or belief. Photo: FOREFPatricia Duval, French attorney specialised in international human rights law, sent on 22nd September 2024, a 29-page report titled “Japan: A Witch Hunt to Eradicate the Unification Church” to several UN offices. Bitter Winter, the leading international magazine on religious freedom and human rights published 3 days later, on 25th September, an executive summary of the report. The day after, the magazine started publishing a 5-part series where Duval gives a more detailed description of the content.
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Text: John Milton / Knut Holdhus
Japanese authorities have designed a whole legal apparatus forged on debunked concepts in order to eliminate new religious movements
Illustration: Human Rights Vectors by VecteezyJapan enacts law based on debunked concepts of “undue influence” and “mental manipulation” in order to make it impossible for large minority faith to operate
See also Japan’s Dissolution Case Echoes China’s Playbook
Patricia Duval points out in her report to UN 22nd September 2024, how all the civil cases in Japan against the Family Federation (formerly the Unification Church) were based on the debunked concepts of “undue influence” and “mental manipulation”.
These outdated notions are also the basis for Japan’s recent legal actions against the Family Federation. Critics naturally argue that this approach violates both scientific standards and international human rights principles, setting a concerning precedent for religious freedom. This has intensified global debates on religious freedom and state neutrality.
Mental manipulation thrown out as legal argument in Europe
In recent years, the Japanese government has heightened scrutiny over new religious movements, targeting especially the Family Federation. Echoing leftwing activist lawyers who have campaigned against the Family Federation for more than 40 years, the authorities suddenly after the Abe assassination in July 2022, started to claim that the federation exerts undue influence on members, resulting in harm through solicited donations and proselytizing practices considered not “socially acceptable”. Legal experts and rights advocates have voiced concerns about the subjective and discriminatory nature of these claims, highlighting the lack of clear, scientific basis for the concept of mental manipulation.
Courtroom of the European Court of Human Rights in Strasbourg. Photo (2014): Adrian Crycuk / Wikimedia Commons. License: CC ASA 3.0 Pol. CroppedJapan’s reliance on these unproven claims aligns it with certain authoritarian governments, like Russia, which have taken steps to restrict minority religious groups under similar arguments. The European Court of Human Rights (ECHR) examined a similar issue in “Jehovah’s Witnesses of Moscow v. Russia” (IC-302/02) in 2010. The Russian government dissolved the Jehovah’s Witnesses’ community in Moscow, alleging the group employed psychological pressure and “mind control” techniques that compromised members’ freedom of choice.
However, the ECHR ruled against Russia, concluding that claims of mind control were unsubstantiated by scientific evidence and that no clear definition of the concept exists. The Court found that members of the Jehovah’s Witnesses voluntarily chose to practice their faith and ruled that Russia’s dissolution of the group violated members’ right to religious freedom.
The ECHR underscored that it was legally and ethically flawed to discount members’ voluntary choices based on unproven psychological theories. As a result, Russia was found to have infringed on the rights of its citizens to practice their chosen religion. This ruling set an important precedent, clarifying that freedom of conscience cannot be compromised by unfounded claims of undue influence.
Japan’s framework targeting new religious movements
Duval emphasizes that Japan’s revival of the mental manipulation theory to justify actions against the Family Federation raises questions about state impartiality in religious matters. Recently, Japanese authorities implemented a legal framework explicitly targeting the Family Federation. Critics believe this framework is designed to remove certain new religious movements from Japan’s religious landscape. The framework includes redefining “victims” to encompass potential future claimants who may not currently consider themselves victims but might later be persuaded to file complaints. By framing certain beliefs and practices as socially unacceptable, Japan risks invalidating members’ free will and effectively labeling them as incapable of making their own religious decisions. Nothing less!
This framework suggests that the state could intervene to determine what constitutes acceptable religious beliefs, invoking public welfare as justification. However, such intervention risks infringing upon individual liberties by assuming a paternalistic role in religious matters and deciding which beliefs are valid and who is competent to choose them.
Violations of international agreements on religious freedom
Japan violates international treaties it has ratified, such as the International Covenant on Civil and Political Rights (ICCPR).Critics argue that by targeting religious organizations based on mental manipulation, Japan risks undermining its commitment to international human rights standards, including the right to religious freedom. Under treaties like the International Covenant on Civil and Political Rights (ICCPR), Japan is obligated to maintain religious neutrality and protect its citizens’ freedom of belief. The current legal strategy of the Japanese authorities undermines these protections by setting a precedent in which the state questions the legitimacy of certain religious choices.
Broader implications for religious freedom
Japan’s approach raises broader concerns about religious freedom within democratic societies. If courts continue to accept mental manipulation arguments without scientific support, minority religious groups could face stigmatization and legal restrictions if deemed outside traditional norms. By employing unproven theories to dissolve religious groups, Japan could inadvertently embolden other nations to adopt similar tactics, raising global concerns about state intrusion on personal beliefs.
The case against the Family Federation marks a pivotal moment in balancing state authority with individual freedoms. The future of Japan’s religious landscape – and that of other democracies – will hinge on governments’ respect for religious autonomy amid growing social and legal pressures.
See also Japan’s Dissolution Case Echoes China’s Playbook
Featured image above: Outrageous dehumanizing Japanese human rights violations: International human rights expert states that Japan risks invalidating members’ free will and effectively labeling them as incapable of making their own religious decisions. Here, members of the Family Federation in Japan participating in a Happy Family seminar aimed at improving the relationships between husband and wife and parents and children. Photo: FFWPU
See part 2, part 3 of comments on fifth article of Bitter Winter’s 5-part series
See part 1, part 2 of comments on fourth article of Bitter Winter’s 5-part series
See part 1, part 2, part 3 on third article of Bitter Winters 5-part series
See part 1, part 2 of comments on second article of Bitter Winter’s 5-part series
See part 1, part 2, part 3 of comments on first article of Bitter Winter’s 5-part series
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