Decision
The commission declared the application inadmissible. Concerning Article 9 of the Convention (freedom of religion), it noted that the Commission does not exclude the possibility of criticism or 'agitation' against a church or religious group reaching such a level that it might endanger freedom of religion and where a tolerance of such behaviour by the authorities could engage State responsibility. However, the Commission does not consider that such an issue arises on the facts of the present case (Para. 5).
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 observance, subject to certain restrictions that are "in accordance with law" and "necessary in a democratic society"
The European Convention on Human Rights (ECHR) is an international convention to protect human rights and political freedoms in Europe. Drafted in 1950 by the then newly formed Council of Europe, the convention entered into force on 3 September 1953. All Council of Europe member states are party to the Convention and new members are expected to ratify the convention at the earliest opportunity.
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. It also includes the freedom to change one's religion or beliefs.
Concerning Article 6 (access to court), the Commission reaffirmed that the right of an individual to protect his reputation can be regarded as a civil right protected by Article 6, but did not extend this protection to a group, when the national legislation didn't foresee that (Para. 19).
Article 6 of the European Convention on Human Rights is a provision of the European Convention which protects the right to a fair trial. In criminal law cases and cases to determine civil rights it protects the right to a public hearing before an independent and impartial tribunal within reasonable time, the presumption of innocence, and other minimum rights for those charged in a criminal case.
There are a number of disputes concerning the Church of Scientology's attempts to suppress material critical of Scientology on the Internet, utilizing various methods – primarily lawsuits and legal threats, as well as front organizations. In late 1994, the Church of Scientology began using various legal tactics to stop distribution of unpublished documents written by L. Ron Hubbard. The Church of Scientology is often accused of barratry through the filing of SLAPP suits. The official church response is that its litigious nature is solely to protect its copyrighted works and the unpublished status of certain documents.
The Church of Scientology has been involved in court disputes in several countries. In some cases, when the Church has initiated the dispute, questions have been raised as to its motives. The Church says that its use of the legal system is necessary to protect its intellectual property and its right to freedom of religion. Critics say that most of the Church's claims are designed to harass Suppressive Persons, people who impede the progress of the Scientology movement.
Hill v Church of Scientology of Toronto February 20, 1995- July 20, 1995. 2 S.C.R. 1130 was a libel case against the Church of Scientology, in which the Supreme Court of Canada interpreted Ontario's libel law in relation to the Canadian Charter of Rights and Freedoms.
The 2001 About-Picard law [abu pika:r], a controversial piece of French legislation, broadly speaking, makes it possible to act against organisations when such organisations have become involved in certain crimes. The law, in its own words, aimed at movements deemed cultic that "undermine human rights and fundamental freedoms". The law has caused controversy internationally, with some commentators alleging that it infringes religious freedom while proponents content it reinforces religious freedom.
Freedom of religion in Germany is guaranteed by article 4 of the Basic Law (constitution). This states that "the freedom of religion, conscience and the freedom of confessing one's religious or philosophical beliefs are inviolable. Uninfringed religious practice is guaranteed." In addition, article 3 states that "No one may be prejudiced or favored because of his gender, his descent, his race, his language, his homeland and place of origin, his faith or his religious or political views." Any person or organization can call the Federal Constitutional Court of Germany for free help.
The term Fair Game is used to describe policies and practices carried out by the Church of Scientology towards people and groups it perceives as its enemies. Founder L. Ron Hubbard established the policy in the 1950s, in response to criticism both from within and outside his organization. Individuals or groups who are "Fair Game" are judged to be a threat to the Church and, according to the policy, can be punished and harassed using any and all means possible. In 1968, Hubbard officially canceled use of the term "Fair Game" because of negative public relations it caused, although the Church's aggressive response to criticism continued.
"The Thriving Cult of Greed and Power" is an article, written in 1991 by U.S. investigative journalist Richard Behar, which is highly critical of Scientology.
Freedom of religion in Canada is a constitutionally protected right, allowing believers the freedom to assemble and worship without limitation or interference.
Freedom of religion in France is guaranteed by the constitutional rights set forth in the 1789 Declaration of the Rights of Man and of the Citizen.
Syndicat Northcrest v Amselem [2004] 2 S.C.R. 551 was a decision of the Supreme Court of Canada that attempted to define freedom of religion under the Quebec Charter of Human Rights and Freedoms and section 2 of the Canadian Charter of Rights and Freedoms. Although the Supreme Court split on their definition, the majority advocated tolerating a practice where the individual sincerely feels it is connected to religion, regardless of whether the practice is required by a religious authority.
The Church of Scientology Moscow v Russia [2007] ECHR 258 is a European Court of Human Rights case, concerning Article 11 of the Convention. In the case the European Court of Human Rights in Strasbourg condemned Moscow City Government's refusal to consider the Church of Scientology of Moscow for registration as a religious organisation, and as a result found that Russia had violated the rights of the Church of Scientology under Articles 11 when "read in the light of Article 9". Specifically, the Court determined that, in denying consideration of registration to the Church of Scientology of Moscow, the Moscow authorities "did not act in good faith and neglected their duty of neutrality and impartiality vis-à-vis the applicant's religious community". The Court also awarded the Church €10,000 in respect of non-pecuniary damage and €15,000 for costs and expenses.
Scientology status by country describes the status of Scientology and its recognition as a religion or otherwise in different countries. The Church of Scientology pursues an extensive public relations campaign for state recognition of Scientology as a religion and cites numerous scholarly sources supporting its position. The level of recognition Scientology has been able to obtain varies significantly from country to country.
Scientology has operated in Belgium since 1972, but the organization has encountered difficulties there in recent years.
The Church of Scientology has operated in Germany since 1970. German authorities estimate that there are 4,000 active Scientologists in Germany as of 2012; the Church of Scientology gives a membership figure of around 12,000. The Church of Scientology has encountered particular antagonism from the German press and government and occupies a precarious legal, social and cultural position in Germany.
The Church of Scientology of France is organized as a group of secular nonprofit organizations. France is a secular state, which protects the rights of citizens to practice their religion. Although citizens can form religious associations based on the 1905 French law on the Separation of the Churches and the State, which grants certain benefits, the Church of Scientology of France is instead organized into secular associations based on a 1901 law regarding nonprofit groups.
Scientology has been subjected to considerable persecution in Russia.
Article 15 of the Constitution of the Republic of Singapore guarantees freedom of religion in Singapore. Specifically, Article 15(1) states: "Every person has the right to profess and practise his religion and to propagate it."
The "New Cult Awareness Network" is an organization that provides information about cults, and is owned and operated by associates of the Church of Scientology, itself categorized in many countries as a cult. It was formed in 1996, with the name purchased from the now defunct Cult Awareness Network, an organization that provided information on groups it considered to be cults, and that strongly opposed Scientology.
