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.