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"RELATING TO CERTAIN ASPECTS OF THE LAWS ON THE USE OF LANGUAGES
IN EDUCATION IN BELGIUM" v. BELGIUM (MERITS) JUDGMENT
language. This is the natural and ordinary meaning of Article 14 read in
conjunction with Article 2 (art. 14+P1-2). Furthermore, to interpret the two
provisions as conferring on everyone within the jurisdiction of a State a
right to obtain education in the language of his own choice would lead to
absurd results, for it would be open to anyone to claim any language of
instruction in any of the territories of the Contracting Parties.
The Court notes that, where the Contracting Parties intended to confer
upon everyone within their jurisdiction specific rights with respect to the
use or understanding of a language, as in Article 5 (2) and Article 6 (3) (a)
and (e) (art. 5-2, art. 6-3-a, art. 6-3-e) of the Convention, they did so in clear
terms. It must be concluded that if they had intended to create for everyone
within their jurisdiction a specific right with respect to the language of
instruction, they would have done so in express terms in Article 2 of the
Protocol (P1-2). For this reason also, the Court cannot attribute to Article
14, when read in conjunction with Article 2 of the Protocol (art. 14+P1-2), a
meaning which would secure to everyone within the jurisdiction of a
Contracting Party a right to education conducted in the language of his own
choice.
It remains true that, by virtue of Article 14 (art. 14), the enjoyment of the
right to education and the right to respect of family life, guaranteed
respectively by Article 2 of the Protocol (P1-2) and Article 8 (art. 8) of the
Convention, are to be secured to everyone without discrimination on the
ground, inter alia, of language.
12. In order to determine the questions referred to it, the Court will
therefore examine whether or not there exist in the present case unjustified
distinctions, that is to say discriminations, which affect the exercise of the
rights enshrined in Article 2 of the Protocol and Article 8 of the Convention,
read in conjunction with Article 14 (art. 14+P1-2, art. 14+8). In this
examination, the Court will take into account the factual and legal features
that characterise the situation in Belgium, which is a plurilingual State
comprising several linguistic areas.
II. THE SIX QUESTIONS REFERRED TO THE COURT
1. Having thus pronounced upon the meaning and scope of Article 2 of
the Protocol (P1-2) and Articles 8 and 14 (art. 8, art. 14) of the Convention,
the Court has examined the six particular questions enumerated in the
submissions of those appearing before it (cf. pages 9-10 and 11-12 supra).
The decision to which it has come on each of the questions is preceded by a
summary of the relevant facts - in so far as they have not been stated above and of the respective arguments of the Applicants, the Belgian Government
and the Commission.