JUDGMENT No. 12.-UPPER SILESIA (MINORITY SCHOOLS) 39 That Government infers that the minority language schools, classes or courses provided for by Article Io5 of the Convention (see Annex) are only intended for pupils of a tongue other than Polish whose parents are also of that other tongue. The Polish Government consequently considers that the declaration provided by Article 131 for the purposes of establishing what is the tongue of the pupil or child contemplates the ascertainment of a fact and not the expression of an intention or of a wish. As regards the point whether Article 131 contemplates s declaration u~hichascertains a fact and not an expression of an intention or of a wish, the Court adopts the construction put upon it by the Polish Government. The terms of the article clearly bear this meaning (pour établir quelle est la langue d ' u n éIéve OU d'un enfant). These terms are also completely in harmony with the terms of Article 105 (enfants d'une minorité de langue) as well as with those of Article 107 (élèves. . . . qui. . . . appartiennent d une minorité de langue). This construction is moreover in conformity with the meaning of the words dans leur propre langue used in Article 69. The Court does not find in the text of the Convention any grounds for construing Article 131 as does the German Government, as solely contemplating a declaration of intention or of a wish that the instruction of a child or pupil should be given in the minority language. On this point the Court refers also to what it has stated above in regard to Article 74. The Court having to adjudicate upon contentions submitted on the basis of the Geneva Convention, cannot attribute any particular importance to the fact that the Voïvode of Silesia, in conformity with an opinion given by the President of the Mixed Commission, has struck out from the forms for the requests provided for under Articles 106 and 107 - proportion of German national~ of other than German speech are residents, adequate facilities for ensuring that in the primary schools the instruction shall be given t o the children of such German nationals through the medium of their own language. This provision shall not prevent the German Government from making the teaching of the German language obligatory in the said schools. proportion of Polish nationals of other than Polish speech are residents, adequate facilities for ensuring that in the primary schools the instruction shall be given t o the children of such Polish nationals through the medium of their own language. This provision shall not prevent the Polish Government from making the teaching of the Polish language obligatory in the said schools.

Select target paragraph3