"RELATING TO CERTAIN ASPECTS OF THE LAWS ON THE USE OF LANGUAGES
IN EDUCATION IN BELGIUM" v. BELGIUM (MERITS) JUDGMENT
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It concerns "the means or the extent, of the enjoyment of rights and
freedoms already stated elsewhere". "Different measures taken by a State in
respect of different parts of its territory or population" may therefore, even
if compatible with the Article which safeguards the right, entail a failure to
comply with the requirements of the Convention "if the State’s conduct is
judged from the point of view of Article 14 (art. 14)"; "the question would
then arise of a violation not only of Article 14 (art. 14) but of the right in
question, as mentioned in the relevant Article in conjunction with Article 14
(art. 14)".
Before the Court, the Commission admitted that "until recently", its
views "were not very clearly defined" on the question of the "scope" of
Article 14 (art. 14). It nevertheless confirmed the opinion maintained in its
Report of 24th June 1965; it sought to illustrate it by the use of concrete
examples concerning Articles 2, 3, 4, 5, 6 and 9 of the Convention (art. 2,
art. 3, art. 4, art. 5, art. 6, art. 9) and Article 1 of the Protocol (P1-1). In its
opinion Article 14 (art. 14) "has a practical effect" even outside the two
situations in which the Belgian Government does not dispute its
"autonomous rôle". It can, in particular, reinforce "the guarantee of rights
and freedoms" which require States to take certain "legislative or executive
action", which is of a limited nature. Thus, Article 6 (art. 6) requires States
"to set up tribunals" to determine civil cases and "any criminal charge"; it
does not however require them "to set up Courts of Appeal". A State which
does set up such courts, would consequently go beyond its positive
obligations derived from Article 6 (art. 6); it would, however, be bound by
virtue of Article 14 (art. 14) and not Article 6 (art. 6) to make such courts
available to all, and the Belgian Government has moreover admitted this.
Article 14 (art. 14) applies also "to the guaranteeing of rights and freedoms
which only impose on States a duty to refrain from action", "without
conferring on them any power to intervene". Such is the case in relation to
the first sentence of Article 2 of the Protocol (P1-2). "Despite its negative
wording", it embodies "the right of everyone to education". The
Commission deduces from this that "the enjoyment of that right must be
secured to everyone in the Contracting States without discrimination": "if a
country has education organised by the public authorities, that education
cannot be denied to anyone", without opening the door "to all kinds of
discrimination in education". For there to be a violation of Article 14 in
conjunction with Article 2 of the Protocol (art. 14+P1-2), it is enough for
the discrimination in issue to "touch the enjoyment of a specific right or
freedom already comprised within the right to education". In short, it is
necessary for Article 2 (P1-2) to be read "as though Article 14 (art. 14) were
its third paragraph, so to speak". Article 14 (art. 14) gives rise therefore to
obligations "in addition to", "independent of the nature" of those, whether
positive or negative, which result from "the rest of the Convention". The
effect of the Commission’s thesis is in no way to transform duties "to refrain