"RELATING TO CERTAIN ASPECTS OF THE LAWS ON THE USE OF LANGUAGES
IN EDUCATION IN BELGIUM" v. BELGIUM (MERITS) JUDGMENT
39
Two of them in substance hold the opinion that "the refusal to organise or
subsidise French education in localities where there is a sufficient number
of French-speaking persons" is also covered by Article 14 (art. 14).
3. Decision of the Court
7. The first question concerns exclusively those provisions of the Acts of
1932 and 1963 which prevented, or prevent, in the regions which are by law
deemed unilingual, the establishment or subsidisation by the State of
schools not in conformity with the general linguistic requirements.
In the present case, this question principally concerns the State’s refusal
to establish or subsidise, in the Dutch unilingual region, primary school
education (which is compulsory in Belgium) in which French is employed
as the language of instruction.
Such a refusal is not incompatible with the requirements of the first
sentence of Article 2 of the Protocol (P1-2). In interpreting this provision,
the Court has already held that it does not enshrine the right to the
establishment or subsidising of schools in which education is provided in a
given language. The first sentence of Article 2 (P1-2) contains in itself no
linguistic requirement. It guarantees the right of access to educational
establishments existing at a given time and the right to obtain, in conformity
with the rules in force in each State and in one form or another, the official
recognition of studies which have been completed, this last right not being
relevant to the point which is being dealt with here. In the unilingual
regions, both French-speaking and Dutch-speaking children have access to
public or subsidised education, that is to say to education conducted in the
language of the region.
The legal provisions in issue, moreover, do not violate Article 8 (art. 8)
of the Convention. It is true that one result of the Acts of 1932 and 1963
has been the disappearance in the Dutch unilingual region of the majority of
schools providing education in French. Consequently French-speaking
children living in this region can now obtain there education only in Dutch,
unless their parents have the financial resources to send them to private
French-language schools. This clearly has a certain impact upon family life
when parents do not have sufficient means to enrol their children in a
private school, or prefer that their children should avoid the inconvenience
(see the sixth question below) which the application of the law entails as
regards education received in a private school which is not in conformity
with the linguistic requirements of the laws on education. Such children will
complete their studies in Dutch in the locality, unless their parents send
them to school in Brussels, Wallonia, or abroad.
Harsh though such consequences may be in individual cases, they do not
involve any breach of Article 8 (art. 8). This provision in no way
guarantees the right to be educated in the language of one’s parents by the
public authorities or with their aid. Furthermore, in so far as the legislation