JUDGMENT
No. 12.-UPPER
SILESIA (MINORITY SCHOOLS)
having heard the observations and conclusions of
Parties,
delivers the following judginent :
5
the
The German Government, by an Application instituting
proceedings filed with the Registry of the Court on January and,
1928, in confomity with Article 40 of the Statute and
Article 35 of the Rules of Court, has submitted to the Permanent Court of International Justice a suit concerning the
exercise of the rights of minorities in connection with public
schools in Upper Silesia, which rights are dealt with in
Articles 74, 106 and 131 of the Gennan-Polish Convention
concerning Upper Silesia.
111 the original Eiiglish versiori of the Application the Court
is asked for judgment to the effect :
"that Articles 74, 106 and 131 of the German-Polish
Convention relating to Upper Silesia of May 15th, 1922,
establish the unfettered liberty of an individual to declare
according to his own conscience and on his own personal
responsibility that he himself does or does not belong
to a racial, linguistic or religious minority and to choose
the language of instruction and the corresponding school
for the pupil or child for whose education he is legally
responsible, subject to no verification, dispute, pressure
or hindrance in any form whatsoever by the authorities ;
that any measure singling out the minority schools to
their detriment is incompatible with the equal treatment
granted by Articles 65, 68, 72, paragraph 2, and the
Preamble to Division II".