Sects and family in the doctrine of the constitutional court.
DOI:
https://doi.org/10.33898/rdp.v20i78/79.833Keywords:
Spanish Constitutional Court, cults, family, children, fraudulent appearance, theory of fundamental rights limits, religious liberty, rights of educationAbstract
Spanish Constitutional Court has approached the issue of destructive sects on twelve sentences that does not contain a global and systematic treatment. After a conceptual introduction, the article offers a brief, accessible and chronological exposition of all the pronunciations of the highest Spanish Court of fundamental rights. The analysis includes four sentences about Watchtower Society and the blood transfusion question, three in relation of CEIS, two about The Family, one of Moon that is very relevant because against previous decisions of administrative and judicial authorities admit this universal sect as a religious group and order to inscribe them in a public register, one of Scientology, one more of Gnostic Movement. In a second part focused the particular way of the resolutions approach. And finally, develops in deep the two main important problems: difficulties to discover de fraud definition and limits of fundamental rights and consequences.
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