102 "RELATING TO CERTAIN ASPECTS OF THE LAWS ON THE USE OF LANGUAGES IN EDUCATION IN BELGIUM" v. BELGIUM (MERITS) JUDGMENT INDIVIDUAL OPINION, PARTLY DISSENTING (POINT I OF THE OPERATIVE PROVISIONS OF THE JUDGMENT), OF JUDGE TERJE WOLD each Article shall be secured without discrimination for instance on the ground of language. I also agree that the object of Article 2 and Article 14 (art. 14+P1-2) read in conjunction is to ensure that the right to education shall be secured by each Member State without discrimination on the ground of language. But still the question remains - what is the content of the right to education? In that respect I refer to what I have said in regard to the interpretation of Article 2 (P1-2). The majority of the Court maintains that it is possible to visualise a measure which, while in itself in conformity with the requirements of a certain article of the Convention, nevertheless infringes the same article because it is of a discriminatory nature. In my opinion, this method of interpretation is both illogical and confusing. If a measure infringes a human right because it is of a discriminatory nature, the reason always will be that the measure in question is not in conformity with the Article, and in itself contains a violation. I shall not go into details on this point, I only want to state that I cannot see that the construction introduced by the majority in any way casts any light on the problem before us. The question will always be the same and only one: Is there a violation of a certain article of the Convention? But, in deciding this question the Court may have to decide if a discrimination has taken place. This is the simple solution of the relation between Article 14 (art. 14) and the other articles of the Convention. Neither are the examples mentioned by the majority of the Court especially convincing. For instance, if a State takes discriminatory measures in laying down entrance requirements to educational establishments, this constitutes no violation of the Convention if a right of access to the educational establishment in question is not laid down as an individual right in the Convention (cf. Article 1) (art. 1). The same applies to the example regarding the application of Article 6 (art. 6) which the majority has cited. The question if a discrimination has taken place must be decided on the concrete facts in every individual case. It is almost impossible to lay down general principles. The majority has, however, tried to do so, and that makes it necessary for me to make some observations. In all our countries we speak about the principle of equality, which we maintain shall govern our legislation; and even if this principle is not expressly laid down in words in our Constitutions, we take it as a matter of fact that it exists and can be applied. It is also not infrequently referred to. But if the principle of legality before the law is applied within the separate States, in the entire field of the national legislation, it goes without saying that it must be applied and even more strongly or more strictly with regard to Human Rights in the limited field of the European Convention.

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