"RELATING TO CERTAIN ASPECTS OF THE LAWS ON THE USE OF LANGUAGES
IN EDUCATION IN BELGIUM" v. BELGIUM (MERITS) JUDGMENT
29
and the respect due to fundamental human rights while attaching particular
importance to the latter.
6. The second sentence of Article 2 of the Protocol (P1-2) does not
guarantee a right to education; this is clearly shown by its wording:
"...
In the exercise of any functions which it assumes in relation to education and to
teaching, the State shall respect the right of parents to ensure such education and
teaching in conformity with their own religious and philosophical convictions."
This provision does not require of States that they should, in the sphere
of education or teaching, respect parents’ linguistic preferences, but only
their religious and philosophical convictions. To interpret the terms
"religious" and "philosophical" as covering linguistic preferences would
amount to a distortion of their ordinary and usual meaning and to read into
the Convention something which is not there. Moreover the "preparatory
work" confirms that the object of the second sentence of Article 2 (P1-2)
was in no way to secure respect by the State of a right for parents to have
education conducted in a language other than that of the country in question;
indeed in June 1951 the Committee of Experts which had the task of
drafting the Protocol set aside a proposal put forward in this sense. Several
members of the Committee believed that it concerned an aspect of the
problem of ethnic minorities and that it consequently fell outside the scope
of the Convention (see Doc. CM (51) 33 final, page 3). The second
sentence of Article 2 (P1-2) is therefore irrelevant to the problems raised in
the present case.
7. According to the express terms of Article 8 (1) (art. 8-1) of the
Convention, "everyone has the right to respect for his private and family
life, his home and his correspondence".
This provision by itself in no way guarantees either a right to education
or a personal right of parents relating to the education of their children: its
object is essentially that of protecting the individual against arbitrary
interference by the public authorities in his private family life.
However, it is not to be excluded that measures taken in the field of
education may affect the right to respect for private and family life or
derogate from it; this would be the case, for instance, if their aim or result
were to disturb private or family life in an unjustifiable manner, inter alia by
separating children from their parents in an arbitrary way.
As the Court has already emphasised, the Convention must be read as a
whole. Consequently a matter specifically dealt with by one of its
provisions may also, in some of its aspects, be regulated by other provisions
of the Convention.
The Court will therefore examine the facts of the case in the light of the
first sentence of Article 2 of the Protocol (P1-2) as well as of Article 8 (art.
8) of the Convention.