JUDGMENT
No. 12.-UPPER
SILESIA (MINORITY SCHOOLS)
43
In the course of the oral proceedings the German Government expressed the opinion that the principle of equal treatment of al1 nationals laid down by Articles 67 and 68 of the
Convention would be violated if, as regards the mere admission
of a child to a minority school, a declaration containing
anything besides a mere request for admission were to be
demanded from the person responsible for the child's education.
This reasoning appears to be as follows : no special declaration
is required for the admission of the child to a majority school;
consequently, by virtue of the principle of equal treatment,
the same should be the case as regards admission to minority
schools.
The Court is unable to adopt this reasoning. I t considers
that Article 67 (see Annex) has no relation to the question
set out above. As regards Article 68, i t should be observed
that it cannot be construed leaving Article 69 out of consideration. In laying down the obligation to grant appropriate
facilities for a child speaking the language of the minority
to be taught in public primary schools in its own language,
this article clearly shows that it is perfectly compatible with
the principle of the "same treatment" guaranteed by Article 68,
to restrict the enjoyment of these "facilities" to children
whose language is the minority language. And if, to ensure
the observance of this rule, a declaration as to the language
of the child is required, that also cannot be regarded as a
violation of the principle of the "same treatment" established
by Article 68.
Article 69, in fact, bestows an advantage which is dependent
on the fulfilment of certain conditions; the fact that this
advantage is not obtainable if the conditions in question are
not fulfilled does not therefore raise any question of equality
of treatment. I t follows from what has already been said that
a refusa1 to admit to minority schools (classes or courses)
children who, according to the declaration of the perçons
responsible for their education, only speak Polish or in respect
of whom the declaration as to the child's language is lacking,
cannot be regarded as contrary to the Convention.
If a declaration has been made, it must always be respected.
With regard to Article 131, as well as to Article 74, the Court
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