X. and Church of Scientology v. Sweden
Encyclopedia
X. and Church of Scientology v. Sweden (7805/77) was a case decided by European Commission of Human Rights
in 1979.
of Sweden placed an advertisement for an E-meter
in its periodical. The Consumer Ombudsman, acting upon complaints, requested Market Court an injunction prohibiting the use of certain passages in the advertisement, namely that is was an invaluable aid to measuring man's mental state and changes in it. The court granted the injunction, and the Church's petition was rejected by the Supreme Court.
(freedom of religion
), it mentioned that the Market Court did not prevent the Church from selling the E-meter or even advertising it for sale as such and stated that the concept, contained in the first paragraph of Article 9, concerning the manifestation of a belief in practice does not confer protection on statement of purported religious belief which appear as selling 'arguments' in advertisements of a purely commercial nature by a religious group, therefore founding no interference with Church's rights.
Concerning Article 10 (freedom of expression), the Commission found an interference with applicant's rights. However, it found the interference necessary in a democratic society, stating that the test of 'necessity' in the second paragraph of Article 10 should therefore be a less strict one when applied to restraints imposed on commercial 'ideas' (compared with 'political' ideas).
The case was also significant, since the Commission recognised in its decision the right of a church to petition on behalf of its members, changing the previous practice.
European Commission of Human Rights
European Commission of Human Rights was a special tribunal.From 1954 to the entry into force of Protocol 11 of the European Convention on Human Rights, individuals did not have direct access to the European Court of Human Rights; they had to apply to the Commission, which if it found the case to be...
in 1979.
Facts
In 1973, the Church of ScientologyChurch of Scientology
The Church of Scientology is an organization devoted to the practice and the promotion of the Scientology belief system. The Church of Scientology International is the Church of Scientology's parent organization, and is responsible for the overall ecclesiastical management, dissemination and...
of Sweden placed an advertisement for an E-meter
E-meter
An E-meter is an electronic device used during Dianetics and Scientology auditing. The device is a variation of a Wheatstone bridge, which measures electrical resistance and skin conductance. It is formally known as the Hubbard Electrometer, for the Church's founder, L. Ron Hubbard...
in its periodical. The Consumer Ombudsman, acting upon complaints, requested Market Court an injunction prohibiting the use of certain passages in the advertisement, namely that is was an invaluable aid to measuring man's mental state and changes in it. The court granted the injunction, and the Church's petition was rejected by the Supreme Court.
Decision
The commission declared the application inadmissible. Concerning Article 9 of the ConventionEuropean Convention on Human Rights
The Convention for the Protection of Human Rights and Fundamental Freedoms is an international treaty to protect human rights and fundamental freedoms in Europe. Drafted in 1950 by the then newly formed Council of Europe, the convention entered into force on 3 September 1953...
(freedom of religion
Freedom of religion
Freedom of religion is a principle that supports the freedom of an individual or community, in public or private, to manifest religion or belief in teaching, practice, worship, and observance; the concept is generally recognized also to include the freedom to change religion or not to follow any...
), it mentioned that the Market Court did not prevent the Church from selling the E-meter or even advertising it for sale as such and stated that the concept, contained in the first paragraph of Article 9, concerning the manifestation of a belief in practice does not confer protection on statement of purported religious belief which appear as selling 'arguments' in advertisements of a purely commercial nature by a religious group, therefore founding no interference with Church's rights.
Concerning Article 10 (freedom of expression), the Commission found an interference with applicant's rights. However, it found the interference necessary in a democratic society, stating that the test of 'necessity' in the second paragraph of Article 10 should therefore be a less strict one when applied to restraints imposed on commercial 'ideas' (compared with 'political' ideas).
The case was also significant, since the Commission recognised in its decision the right of a church to petition on behalf of its members, changing the previous practice.