JUDGMENT No. 12.-UPPER SILESIA (MINORITY SCHOOLS) 46 minority schools to their detrinient is incompatible with the equal treatment guaranteed by Article 68. On the o t h x hand, the Court does not intend to express an opinion on the question whether the attitude of the authorities has, in fact, been discriminatory, for it has not been asked for a decision in regard to any concrete measure alleged to be of this character. In these circumstances, the Court holds that it is not incumbent upon it to pass judgment on the third of the German contentions. The Court, having heard both Parties, by eight votes to four, gives judgment as follows : (1) that the objections, whether to the jurisdiction or respecting the admissibility of the suit, raised by the Respondent, must be overruled; that Articles 74, 106 and 131 of the German-Polish Convention of May 15th, 1922, concerning Upper Silesia, bestow upon every national the right freely to declare according to his conscience and on his persona1 responsibility that he does or does not belong to a racial, linguistic or religious minority and to declare what is the language of a pupil or child for whose education he is legally responsible ; that these declarations must set out what their author regards as the true position in regard to the point in question and that the right freely to declare what is the language of a pupil or child, though comprising, when necessary, the exercise of some discretion in the appreciation of circumstances, does not constitute an unrestricted right to choose the language in which instruction is to be imparted or the corresponding school ; that, nevertheless, the declaration contemplated by Article 131 of the Convention, and also the question whether a person (2)