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"RELATING TO CERTAIN ASPECTS OF THE LAWS ON THE USE OF LANGUAGES
IN EDUCATION IN BELGIUM" v. BELGIUM (MERITS) JUDGMENT
8. According to Article 14 (art. 14) of the Convention, the enjoyment of
the rights and freedoms set forth therein shall be secured without
discrimination ("sans distinction aucune") on the ground, inter alia, of
language; and by the terms of Article 5 of the Protocol (P1-5), this same
guarantee applies equally to the rights and freedoms set forth in this
instrument. It follows that both Article 2 of the Protocol (P1-2) and Article
8 (art. 8) of the Convention must be interpreted and applied by the Court not
only in isolation but also having regard to the guarantee laid down in Article
14 (art. 14+P1-2, art. 14+8).
9. While it is true that this guarantee has no independent existence in the
sense that under the terms of Article 14 (art. 14) it relates solely to "rights
and freedoms set forth in the Convention", a measure which in itself is in
conformity with the requirements of the Article enshrining the right or
freedom in question may however infringe this Article when read in
conjunction with Article 14 (art. 14) for the reason that it is of a
discriminatory nature.
Thus, persons subject to the jurisdiction of a Contracting State cannot
draw from Article 2 of the Protocol (P1-2) the right to obtain from the
public authorities the creation of a particular kind of educational
establishment; nevertheless, a State which had set up such an establishment
could not, in laying down entrance requirements, take discriminatory
measures within the meaning of Article 14 (art. 14).
To recall a further example, cited in the course of the proceedings,
Article 6 (art. 6) of the Convention does not compel States to institute a
system of appeal courts. A State which does set up such courts
consequently goes beyond its obligations under Article 6 (art. 6). However
it would violate that Article, read in conjunction with Article 14 (art. 14+6),
were it to debar certain persons from these remedies without a legitimate
reason while making them available to others in respect of the same type of
actions.
In such cases there would be a violation of a guaranteed right or freedom
as it is proclaimed by the relevant Article read in conjunction with Article
14 (art. 14). It is as though the latter formed an integral part of each of the
Articles laying down rights and freedoms. No distinctions should be made
in this respect according to the nature of these rights and freedoms and of
their correlative obligations, and for instance as to whether the respect due
to the right concerned implies positive action or mere abstention. This is,
moreover, clearly shown by the very general nature of the terms employed
in Article 14 (art. 14): "the enjoyment of the rights and freedoms set forth in
this Convention shall be secured".
10. In spite of the very general wording of the French version ("sans
distinction aucune"), Article 14 (art. 14) does not forbid every difference in
treatment in the exercise of the rights and freedoms recognised. This
version must be read in the light of the more restrictive text of the English