Mushrooms, Religious freedom and the European Court of Human Rights

Akrasia

Has anyone on here thought of taking the Mushroom Ban to the european Court of Human rights considering that for thousands of years people have taken these natural plants to enhance spiritual awareness and to help expand the consciousness and that the use of Mushrooms have been a strong element of pagan rituals over the millenia. Freedom of religious expression is a fundamental aspect of Human Rights in Europe and Banning Mushrooms is almost like Banning Wine which is used in the celebration of mass.
I'm sure there has to be a strong Case, are there plans in the U.K. to do anything like this?

Goodshape

Interesting idea. Marijuana is used in Rastafarianism isn't it? Do they get away with it in Europe? I'd imagine there's a need to prove yourself if you are 'caught'.

Akrasia

Goodshape wrote:

Interesting idea. Marijuana is used in Rastafarianism isn't it? Do they get away with it in Europe? I'd imagine there's a need to prove yourself if you are 'caught'.

This is where it could get really interesting. in a sensible world There could be a federation of pagans or druids or something that has a register of members that works on a completely non profit basis. People could sign up, get a membership card and then be allowed to purchase and consume mushrooms as part of a spiritual journey, there would be no need to prove one's devotion to a faith to become a member, but all registered members must take some kind of mushroom safety course or take a short test to prove that they are educated in the effects of mushrooms, the safe way to use them and what the risks are.

This is a really sensible option, the head shops could still sell the mushrooms but people couldn't just walk in off the street and take them, they would have to have a card which shows that they know what they're doing. The card would be limited to over 18s only. posession of mushrooms could still be illegal for those without a membership card but that wouldn't be so bad as long as it was still easy to get membership of the federation. Of course, it'll never happen by itself, it would require a legal case or a change in government to sensible people (not likely)

larryone

...or you could ask a friend that lives anywhere outside the city. I could go home to wicklow and head out my back door. 5 minutes later and....

Goodshape

larryone wrote:

...or you could ask a friend that lives anywhere outside the city. I could go home to wicklow and head out my back door. 5 minutes later and....

Not at this time of year.

Although I still say that the seasonal aspect is a good thing. Perticularly from a 'spirtual' point of view.. if you relied on mushrooms everytime you wanted to get a bit closer to nature/whatever, you'd surly be missing the point. And it's not really getting closer to nature if you're manufacturing them outside of their natural season... and/or buying them in a shop.

I'd be willing to protest loudly if they start locking people up for picking wild shrooms come september.

larryone

Anyone got a link to the legislation?

Time Magazine

The relevant statute is the European Convention of Human Rights, which Ireland signed in (I think) 1953.

European Convention of Human Rights wrote:

ARTICLE 9

1. Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief, and freedom, either alone or in community with others and in public or private, to manifest his religion or belief, in worship, teaching, practice and observance.
2. Freedom to manifest one's religion or beliefs shall be subject only to such limitations as are prescribed by law and are necessary in a democratic society in the interests of public safety, for the protection of public order, health or morals, or the protection of the rights and freedoms of others.

Highly doubt it'd work lads, "subject ... to .. limitations as are prescribed by law ... public safety .. health or morals". Meh, I'm not a lawyer.

Edit: Save ye the hassle of opening the link.

Nevyn

The morals bit in that is a right bastard for christain morals are a tad differnt.

Goodshape

I suppose "protection of public order, health or morals" in a democratic society means the morals as dictated by the elected government. Which in this country I'd imagine means predominantly Christian morals alright. And no mushrooms

Still wondering are their any Rastafarians in Ireland though; and are they allowed to smoke marijuana as sacrement?

Talliesin

Akrasia wrote:

in a sensible world There could be a federation of pagans or druids or something that has a register of members that works on a completely non profit basis. People could sign up, get a membership card and then be allowed to purchase and consume mushrooms as part of a spiritual journey,

In a sensible world no religious allegiance or membership would confer any special rights under law, particularly in Ireland which is theoretically a republic.

Goodshape

Talliesin wrote:

In a sensible world no religious allegiance or membership would confer any special rights under law

In a sensible world it wouldn't need to.

ezone

Heres the new law as a pdf download

Link:

http://s43.yousendit.com/d.aspx?id=3EG9EYRTJWTT235W8RKFHDRHJI

The first part is an order banning psilocin

The second part is an exemption order for uncultivated psilocin - ie. in the wild

Can anybody with a legal backround please translate ?

Asiaprod

larryone wrote:

...or you could ask a friend that lives anywhere outside the city. I could go home to wicklow and head out my back door. 5 minutes later and....

Ah, memories. I tried that in Glendalough. That five mins turned into 5 hours and I ended up recovering in the Silver Tassy pub. Down here in Asia, opium was, and still is, the prefered option.