2.3 The author explains that teachers wishing to obtain in Breton the
Certificate of Aptitude for Secondary Education (Certificat d'Aptitude
Professionnelle d'Enseignement Secondaire (CAPES)) must also choose a second
subject. He adds that, the text of the applicable regulations of 1983,
governing the aims of the teaching of regional cultures and languages, are not
applicable to those teachers who have obtained the CAPES for Breton; they do
not have to volunteer to teach Breton, once there is some demand for it, but
have certain acquired rights to teach their subject.
2.4 The author contends that he cannot submit his grievances to the French
courts or administrative tribunals. He surmises that there is no effective
remedy in his case because, as a civil servant, his teaching obligations are
subordinate to the "exigencies of the service", which may require the teaching
of subjects that do not correspond to the specialization of the complainant.
It is therefore said to be futile to challenge the decisions of the
authorities. Finally, he submits that the administrative authorities
regularly deny him the opportunity of a meeting, presumably so as to avoid
having to address the problem.
Complaint
3.1 The author contends that the Eectorate of the Academy of Nantes (and the
Academy of Rennes) has systematically discriminated against him, both by
obstructing his career development and by lowering his salary, allegedly
without any explanation. He further claims that a course of Breton that he
had been assigned to teach at the Lyeee de Vannes has been systematically
hindered by the Board of that high school, and that the educational
authorities, including the Ministry of Education, have endorsed the
discriminatory attitude of their subordinates against the author and against
the teaching of Breton in general.
3.2 More generally, the author contends that the requirement of being able to
teach two subjects for the award of the Certificate of Aptitude for the
teaching of Breton has, in reality, the effect of seriously curtailing the
possibilities of teaching Breton. Thus, a course given during the school year
1988/89 at the College Montaigne in Vannes could not be organized for the
following school year, despite demand from students. This, it is submitted,
is contrary to article 55 of the French Constitution and has been recognized
in a judgement given by the Administrative Tribunal of Rennes on
27 January 1987.
3.3 Finally, the author submits that the result of a recent survey conducted
by the Parents* Association for the Teaching of Breton (Association des
Parents d'Eleves pour l'Enseignement du Breton) confirms the discriminatory
attitude of the Eectorate of the Academy of Nantes, since it challenges the
Rector's opinion that the limited demand for the teaching of Breton does not
justify the creation of established posts.
State party's information and observations
4.1 The State party submits that the communication is inadmissible on the
ground of non-exhaustion of domestic remedies. Subsidiarily, it contends that
many of the author's complaints concern alleged discrimination vis-a-vis the
Breton language in general, and that, accordingly, the author cannot be deemed
a victim within the meaning of article 1 of the Optional Protocol.
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