22
"RELATING TO CERTAIN ASPECTS OF THE LAWS ON THE USE OF LANGUAGES
IN EDUCATION IN BELGIUM" v. BELGIUM (MERITS) JUDGMENT
language of education but to the grave and unjustified disturbances caused
in private or family life". Consequently, the Belgian Government is "in
error in affirming that the Article has nothing to do with the dispute brought
before the Court".
4. Article 14 (art. 14) of the Convention provides that:
"The enjoyment of the rights and freedoms set forth in this Convention shall be
secured without discrimination on any ground such as sex, race, colour, language,
religion, political or other opinion, national or social origin, association with a national
minority, property, birth or other status."
Before the Commission, the Applicants do not seem to have indicated
very clearly whether or not in their view, the violation of Article 14 (art. 14)
presupposes that of one of the Articles which defines the rights and
freedoms guaranteed. They have stated, on the other hand, their
interpretation of Article 14 (art. 14) on several issues. In the first place they
expressed the opinion that the word "secured" implies the existence of
obligations upon the Contracting States to take action and not simply a duty
to abstain from action. Moreover they admitted that Article 14 (art. 14),
despite the categorical words of the French version ("sans distinction
aucune"), only forbids distinctions of a "discriminatory" character, a
discrimination consisting "of an act or omission attributable to the public
authorities" and introducing an inequality of treatment of an arbitrary
nature. A distinction designed "to re-establish rather than to destroy
equality" or based on "valid reasons" is therefore completely "legitimate".
However a "legitimate distinction" sometimes turns in the long run into a
"wrongful discrimination" having survived the achievement of its initial
aim. Certain discriminations, the gravest ones, derive from the "deliberate
will of governments" ("active" discriminations); others have their "origin in
factors of an economic, social or political nature" or in "historical
circumstances" ("static" discriminations). On this point, the Applicants
have cited extracts from a report of Mr. Charles Ammoun (Lebanon) drawn
up in 1956 for the United Nations Commission on Human Rights. They
also referred many times to the Convention and the Recommendation
"against discrimination in education" adopted on 14th December 1960 by
the General Conference of UNESCO.
The Belgian Government had submitted, before the Commission, that "a
violation of Article 14 (art. 14) without simultaneous violation of another
Article of the Convention is legally impossible"; it based its argument on
the words "rights and freedoms set forth in this Convention" and on the
decisions of the Commission. Since then there has been a change in its
views on this matter. During the first phase of the proceedings before the
Court (preliminary objection), the Belgian Government emphasised that
Article 14 (art. 14) does not form part of the enumeration of rights and
freedoms in Articles 2-13 of the Convention (art. 2, art. 3, art. 4, art. 5, art.
6, art. 7, art. 8, art. 9, art. 10, art. 11, art. 12, art. 13) and Articles 1-3 of the