X. And Church Of Scientology V. Sweden
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''X. and Church of Scientology v. Sweden'' (7805/77) was a case decided by the
European Commission of Human Rights The European Commission of Human Rights was a special body of the Council of Europe. From 1954 to the 1998 entry into force of European Convention on Human Rights#Protocol 11, Protocol 11 to the European Convention on Human Rights, individuals d ...
in 1979.


Facts

In 1973, the
Church of Scientology The Church of Scientology is a group of interconnected corporate entities and other organizations devoted to the practice, administration and dissemination of Scientology, which is variously defined as a cult, a business, or a new religiou ...
of Sweden placed an advertisement for an
E-meter The E-Meter (also electropsychometer and Hubbard Electrometer) is an electronic device used in Scientology that allegedly "registers emotional reactions". After claims by L. Ron Hubbard that the procedures of Auditing (Scientology), auditing, w ...
in its periodical. The Consumer Ombudsman, acting upon complaints, requested the Market Court place an injunction prohibiting the use of certain passages in the advertisement, namely that it 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 of Sweden The Supreme Court of Sweden (, HD) is the supreme court and the third and final instance in all civil and criminal cases in the Kingdom of Sweden. Before a case can be decided by the Supreme Court, leave to appeal must be obtained, and wit ...
.


Decision

The commission declared the application inadmissible. Concerning
Article 9 of the European Convention on Human Rights Article 9 of the European Convention on Human Rights provides a right to freedom of thought, conscience, and religion. This includes the freedom to change a religion or belief, and to manifest a religion or belief in worship, teaching, practice and ...
(freedom of thought, conscience and 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 "Necessary in a democratic society" is a test found in Articles 8–11 of the European Convention on Human Rights, which provides that the state may impose restrictions of these rights only if such restrictions are "necessary in a democratic soci ...
, 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.


See also

* '' Church of Scientology v. Sweden'' *
Scientology and the legal system The Church of Scientology has been involved in numerous court disputes across the world. In some cases, when the Church has initiated the dispute, questions have been raised as to its motives. The Church of Scientology says that its use of the ...


References


External links

* {{Scientology Article 9 of the European Convention on Human Rights Article 10 of the European Convention on Human Rights Consumer protection case law European Court of Human Rights cases involving Sweden Scientology litigation 1979 in Sweden 1979 in religion 1979 in case law