Editor: last update July 8, 1996.

1. Application brought by a corporation - legal persons are incapable of having or exercising the rights mentioned in Article 9, paragraph 1, of the Convention and Article 2 of the First Protocol.
   
2. Civil rights and obligations (Article 6, paragraph 1, of the Convention) - refusal to hold an inquiry or to disclose evidence with regard to the recognition of an educational establishment does not as such involve the determination of a civil right -
3. Freedom to manifest one's religion or beliefs (article 9 of the Convention) - measures concerning students in a particular educational establishment.
4. Right to education (Article 2 of the First Protocol) - recognition of a particular institution as an establishment.
5. Enjoyment of the rights and freedoms without discrimination (Article 14 of the Convention)
6. Effective remedy before a national authority (Article 13 of the Convention) - right guaranteed solely in case of violation of the rights and freedom guaranteed by the Convention.

The facts

Whereas the facts presented by the applicant corporation may be summarised as follows:

The applicant is a corporation incorporated under the laws of the State of A... in the United States of America on ... February, 1954 and registered in Great Britain under Part X of the English Companies Act, 1948. The headquarters of the United Kingdom and Commonwealth Branch is B..., Sussex, England. It is represented by Messrs. C... ' Co., solicitors practising in London.

It is stated that the applicant corporation was incorporated for exclusively religious and educational purposes. It was empowered by its Articles of Incorporation "to resolve the travail a difficulties of members of congregations, as they may appertain to the spirit; to instruct in spiritual healing acts and other matters within the creed of the Church of X...; to conduct seminaries and instructing groups; to create congregations and have other powers similar to those of the Church of X...; and to propagate the religious faith known as X..."

It appears that the applicant corporation has adherents in various places of the world and it was therefore decided in 1966 to establish at B... the College of X... as the main educational centre and seminary for its teachings. This establishment had until recently been accepted by government departments of the united Kingdom Government as an educational establishment; in particular, it had been so regardedby the Home Office for the purpose of implementing that department's policy towards the admission into, and subsequent control in, the United Kingdom of aliens and of Commonwealth citizens who were students attending courses at the Church's educational establishment in the United Kingdom.

However, on ... July, 1968, the Minister of Health for the Government of the United Kingdom submitted a written answer to a parliamentary question regarding the activities of X... in the United Kingdom. In his answer the Minister described X... as being a pseudo-philosophical cult the practice of which was potentially harmful to its adherents. He relied on a report published in 1965 in the State of Victoria, Australia (the Report on X...) and on certain other evidence available in the United Kingdom which is, however, not disclosed in the Minister's answer. He explained that X... "alienates members of families from each other and attributes squalid and disgraceful motives to all who oppose it; its authoritarian principles and practices are a potential menace to the personality and well-being of those so deluded as to become its followers; above all, its methods can be a serious danger to the health of those who submit to them". The Minster concluded that, although there was no power under existing law to prohibit the practice of X..., the Government would take all steps within their power to curb its growth. These were as follows:

Rest of decision not feeded into this page