Church of Scientology Wins Landmark Decision In European Court of Human Rights

In a unanimous landmark decision earlier this month, the European Court of Human Rights (First Section) found in favor of the Church of Scientology, upholding the religious freedom of Scientologists throughout the forty-six nations that comprise the Council of Europe, in a precedent-setting ruling that will help guarantee these rights for people of all faiths.

The court overturned the Moscow City government’s refusal to register the Church of Scientology of Moscow as a religious organization.

The Court in its opinion “referred to its settled case-law to the effect that, as enshrined in Article 9, freedom of thought, conscience and religion is one of the foundations of a ‘democratic society’ within the meaning of the Convention. It is, in its religious dimension, one of the most vital elements that go to make up the identity of believers and their conception of life, but it is also a precious asset for atheists, agnostics, skeptics and the unconcerned. The pluralism indissociable from a democratic society, which has been dearly won over the centuries, depends on it.”

The Court ruled that, “the ability to establish a legal entity in order to act collectively in a field of mutual interest is one of the most important aspects of freedom of association, without which that right would be deprived of any meaning. The Court has expressed the view that a refusal by the domestic authorities to grant legal-entity status to an association of individuals may amount to an interference with the applicants’ exercise of their right to freedom of association. Where the organisation of the religious community is at issue, a refusal to recognise it also constitutes interference with the applicants’ right to freedom of religion under Article 9 of the Convention. The believers’ right to freedom of religion encompasses the expectation that the community will be allowed to function peacefully, free from arbitrary State intervention.”

The Court found that 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.”

It stated, that, “There has therefore been a violation of Article 11 of the Convention read in the light of Article 9.”

This decision not only confirms the rights of Scientologists, but also sets another important precedent to protect the rights of all other religious communities in Europe.

This finding guarantees protection for Scientology and Scientologists not only in Russia but also in all 46 member nations over which the Council of Europe has jurisdiction.

~ by mikebert on April 28, 2007.