Sanctuary

Human sanctuary

Traditions of sanctuary

Although the word "sanctuary" is often traced back only as far as the Greek and Roman empires, the concept itself has likely been part of human cultures for thousands of years. The idea that persecuted persons should be given a place of refuge is ancient, perhaps even primordial, deriving itself from basic features of human altruism. In studying the concept across many cultures and times, anthropologists have found sanctuary to be a highly universal notion, one which appears in almost all major religious traditions and in a variety of diverse geographies. "Cities of refuge" as described by the Book of Numbers and Deuteronomy in the Old Testament, as well as the Bedouin idea of nazaala, or the "taking of refuge", indicate a strong tradition of sanctuary in the Middle East and Northern Africa. In the Americas, many native tribes shared similar practices, particularly in the face of invading European powers. Despite tensions between groups, many tribes still offered and received sanctuary, taking in those who had fled their tribal lands or feared persecution by the Spanish, English, and French.

Legal sanctuary

Some (but not all) temples offered sanctuary to criminals or runaway slaves. When referring to prosecution of crimes, sanctuary can mean one of the following:

Church sanctuary

With respect to church archtitecture, the term "sanctuary" is variously used to denote the worship space of a church, broadly speaking, or more specifically used as a synonym of the chancel—which contains the main or "high" altar.

In a sacred place such as a church, fugitives were formerly immune from arrest (this was recognized by English law from the fourth to the seventeenth century). While the practice of churches offering sanctuary is still observed in the modern era, it no longer has any legal effect and is respected solely for the sake of tradition.

Political sanctuary

Immunity to arrest afforded by a sovereign authority. The United Nations has expanded the definition of "political" to include race, nationality, religion, political opinions and membership or participation in any particular social group or social activities. People seeking political sanctuary typically do so by asking a sovereign authority for asylum.

Right of asylum

Many ancient peoples recognized a religious right of asylum, protecting those accused of a crime from legal action and from exile to some extent. This principle was adopted by the early Christian church, and various rules developed for what the person had to do to qualify for protection and just how much protection it was.

Based on an account by Gregory of Tours in late 6th century France, sanctuary was already practiced, but was not all the time respected. In England, King Æthelberht made the first laws regulating sanctuary in about AD 600, though Geoffrey of Monmouth in his Historia Regum Britanniae (c. 1136) says that the legendary pre-Saxon king Dunvallo Molmutius (4th/5th century BC) enacted sanctuary laws in the Molmutine Laws as recorded by Gildas (c. 500–570). By Norman times, there had come to be two kinds of the sanctuary: churches licensed by the king had a broader version, while other churches had a lower level. The medieval system of asylum was abolished entirely in England by James I in 1623.

Political asylum

During the Wars of the Roses of the 15th century when the Lancastrians or Yorkists would suddenly gain the upper hand by winning a battle, some adherents of the losing side might find themselves surrounded by adherents of the winning side and unable to return to their own side, so they would rush to sanctuary at the nearest church until it was safe to leave it. A prime example is Queen Elizabeth Woodville, consort of Edward IV of England.

In 1470, when the Lancastrians briefly restored Henry VI to the throne, Edward's queen was living in London with several young daughters. She moved with them into Westminster Abbey for sanctuary, living there in royal comfort until Edward was restored to the throne in 1471 and giving birth to their first son Edward during that time. When King Edward IV died in 1483, Elizabeth (who was highly unpopular with even the Yorkists and probably did need protection) took her five daughters and youngest son (Richard, Duke of York; Prince Edward had his own household by then) and again moved into sanctuary at Westminster Abbey. She had all the comforts of home; she brought so much furniture and so many chests that the workmen had to break holes in some of the walls to move everything in fast enough to suit her.

In 1917, during World War I, Russia's Allies made the controversial decision to deny political sanctuary to Tsar Nicholas II and his immediate family when he was overthrown in the February Revolution. As a result in July, 1918, Nicholas and his family were executed while confined to the Ipatiev House in Yekaterenburg.

In 1939, months before World War II began, 937 Jewish refugees from Nazi Germany on board the MS St. Louis met the same fate, first by Cuba—their original destination—and afterwards by the United States and Canada. As a result, 620 of them were forced back to Europe, where many of them died in Nazi concentration camps during the war. This incident was the subject of Gordon Thomas' and Max Morgan-Witts' 1974 novel, Voyage of the Damned and its 1976 movie adaptation.

In 1970, Simonas Kudirka was denied U.S. sanctuary when he attempted to defect from the then-Soviet Union by jumping from his "mother ship", 'Sovetskaya Litva', onto the USCGC Vigilant when it was sailing from New Bedford while Kudirka's ship was anchored at Martha's Vineyard. Kudrika was accused of stealing 3,000 roubles from Sovetskaya Litva's safe and when the U.S. State Department didn't help him, Kudrika was sent back to the Soviet Union, where he was convicted of treason and sentenced to ten years of hard labor. Because Kudirka could claim American citizenship through his mother, he was allowed to return to the United States in 1974. His plight was the subject of Algis Ruksenas' 1973 book Day of Shame: The Truth About The Murderous Happenings Aboard the Cutter Vigilant During the Russian-American Confrontation off Martha's Vineyard and the 1978 TV movie The Defection of Simas Kudirka, starring Alan Arkin.

Ten years later, Ukrainian youth, Walter Polovchak, became a cause célèbre in the 1980s because of his request in 1980 at age 12 to remain in the United States permanently after announcing that he didn't want to return with his parents to what was then Soviet Ukraine, and was the subject of a five-year struggle between U.S. and Soviet courts over his fate, which was decided in his favor in 1985 when Walter turned 18 that October 3 and was no longer a juvenile and thus no longer required to return to the Soviet Union if he didn't want to.

Also in the 1980s, Estonian national and alleged Nazi war criminal, Karl Linnas, was the target of several sanctuary denials outside the United States before he was finally returned in 1987 to the then-USSR to face a highly likely death penalty for alleged war crimes that he was convicted of in 1962 (see Holocaust trials in Soviet Estonia). Linnas died of a heart attack in a Leningrad prison hospital on July 2, 1987, while waiting for a possible retrial in Gorbachev's courts, 25 years after Khrushchev's courts convicted him in absentia.

Sanctuary versus asylum

The concepts of sanctuary and asylum are defined very similarly at their most basic level. Both terms involve the granting of safety or protection from some type of danger, often implied to be a persecuting, oppressive power. The divergence between these terms stems primarily from their societal associations and legal standing; while asylum understood in its political sense implies legally-binding protection on the part of a state entity, sanctuary often takes the form of moral and ethical activism that calls into question decisions made by the institutions in power.

In many instances, the sanctuary is not incorporated into the law but operated in defiance of it. Efforts to create a sanctuary for the persecuted or oppressed are often undertaken by organizations, religious or otherwise, who work outside of mainstream avenues to ameliorate what they see as deficiencies in the existing policy. Though these attempts to provide sanctuary have no legal standing, they can be effective in catalyzing change at community, local, and even regional levels. Sanctuary can also be integrated into these levels of government through "Sanctuary bills", which designate cities and sometimes states as safe spaces for immigrants deemed illegal by the federal government. These bills work to limit the cooperation of local and regional governments with the national government's efforts to enforce immigration law. In recognition of their progressiveness and boldness in the face of perceived injustice, "Sanctuary bills" are commonly referred to as "activist law".

Sanctuary in contemporary society

For the last few centuries, it has become less common to invoke sanctuary as a means of protecting persecuted peoples. Yet, the 1980s saw a massive resurgence of cases as part of the U.S.-Central American sanctuary movement. This resurgence was part of a broader anti-war movement that emerged to protest U.S. foreign policy in Central America. The movement grew out of the sanctuary practices of political and religious organizations in both the United States and Central America. It was initially sparked by immigrant rights organizations in well-established Central American communities. These organizations first opposed U.S. foreign policy in Central America and then shifted towards aiding an ever-increasing number of Central Americans refugees. Working in tandem, immigrant rights organizations and churches created many new organizations that provided housing and legal services for newly arrived immigrants. These organizations also advocated for the creation of sanctuary spaces for those fleeing war and oppression in their home countries. By 1987, 440 cities in the United States had been declared "sanctuary cities" open to migrants from civil wars in Central America.

The immigrant-religious organization partnerships of the sanctuary movement remain active, providing essential services to immigrant populations. Particularly notable in recent years is their legal and advocacy work. By providing legal representation to asylum seekers who may not be able to afford it, these organizations give their clients a better chance of winning their respective cases. As of 2008, detained asylum seekers with legal representation were six times more likely to win their cases for asylum, and non-detained asylum seekers with representation were almost three times more likely to win asylum compared with those without it. The pro bono legal services provided by these organizations also work to alleviate stress on an adjudication system that is already overloaded with cases—a 2014 study of the system showed that about 250 asylum officers at any one time are tasked with interviewing an average of 28,000 asylum seekers. These sanctuary-based organizations also engage in larger-scale advocacy work that allows them to reach immigrant populations beyond the communities they work in. According to a study done by the "New Sanctuary Movement" organization, at least 600,000 people in the United States have at least one family member in danger of deportation. Legislative and judicial advocacy work at the regional and even national level allows organizations to support this group of people by influencing policy.

From the 1980s continuing into the 2000s, there also have been instances of immigrant rights organizations and churches providing "sanctuary" for short periods to migrants facing deportation in Germany, France, Belgium, the Netherlands, Norway, Switzerland, Australia and Canada, among other nations. In 2007, Iranian refugee Shahla Valadi was granted asylum in Norway after spending seven years in church sanctuary after the initial denial of asylum. From 1983 to 2003 Canada experienced 36 sanctuary incidents. In 2016, an Icelandic church declared that they would harbor two failed asylum seekers who violated the Dublin Regulation, and police removed them for deportation, as ecclesiastical immunity has no legal standing.

Other uses

When referring to a shelter from danger or hardship, sanctuary can mean one of the following:

Shelter sanctuary

A place offering protection and safety; a shelter, typically used by displaced persons, refugees, and homeless people.

Humanitarian sanctuary

A source of help, relief, or comfort in times of trouble typically used by victims of war and disaster.

Institutional sanctuary

An institution for the care of people, especially those with physical or mental impairments, who require organized supervision or assistance.

Work Sanctuary

A place where an individual can work safely and in a natural environment

The term "sanctuary" has further come to be applied to any space set aside for private use in which others are not supposed to intrude, such as a "man cave".

Non-human sanctuary

Animal sanctuary

An animal sanctuary is a facility where animals are brought to live and be protected for the rest of their lives. Unlike animal shelters, sanctuaries maintain each animal until its natural death, instead of providing temporary shelter until the animal is placed with individuals or groups.

Plant sanctuary

Plant sanctuaries are areas set aside to maintain functioning natural ecosystems, to act as refuges for species and to maintain ecological processes that cannot survive in most intensely managed landscapes and seascapes. Protected areas act as benchmarks against which we understand human interactions with the natural world.