Human rights law update

The applicant association in Mouvement Raëlien Suisse v Switzerland (application no. 16354/06) complained that a refusal to permit a poster campaign to promote its aim of making contact with extraterrestrials was in breach of Art 9 (freedom of thought, conscience and religion) and Art 10 (freedom of expression). The Movement had been the subject of criminal complaints about publications promoting sexual practices involving children. It also promoted cloning, which was prohibited under Swiss law, and had been critical of contemporary democracies. Although it was undisputed that the poster did not contain anything unlawful or shocking, either in its wording or in the illustrations, it featured the association’s website address which had links to cloning services.

The European Court of Human Rights (ECtHR) shared the Swiss government’s view that making public space available for a poster campaign could give the impression that the state approved of such conduct. The website in question was accessible to everyone, including children, which could amplify the