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"RELATING TO CERTAIN ASPECTS OF THE LAWS ON THE USE OF LANGUAGES
IN EDUCATION IN BELGIUM" v. BELGIUM (MERITS) JUDGMENT
leads certain parents to separate themselves from their children, such a
separation is not imposed by this legislation: it results from the choice of the
parents who place their children in schools situated outside the Dutch
unilingual region with the sole purpose of avoiding their being taught in
Dutch, that is to say in one of Belgium’s national languages.
It remains to be decided whether the legal provisions criticised violate
the first sentence of Article 2 of the Protocol or Article 8 of the Convention,
read in conjunction with Article 14 (art. 14+P1-2, art. 14+8).
Here again, the reply must be negative. It is true that the legislature has
instituted an educational system which, in the Dutch unilingual region,
exclusively encourages teaching in Dutch, in the same way as it establishes
the linguistic homogeneity of education in the French unilingual region.
These differences in treatment of the two national languages in the two
unilingual regions are, however, compatible with Article 2 of the Protocol
(P1-2), as the Court has interpreted it, and with Article 8 (art. 8) of the
Convention, also when read in conjunction with Article 14 (art. 14+P1-2,
art. 14+8).
Article 14 (art. 14) does not prohibit distinctions in treatment which are
founded on an objective assessment of essentially different factual
circumstances and which, being based on the public interest strike a fair
balance between the protection of the interests of the community and
respect for the rights and freedoms safeguarded by the Convention.
In examining whether the legal provisions which have been attacked
satisfy these criteria, the Court finds that their purpose is to achieve
linguistic unity within the two large regions of Belgium in which a large
majority of the population speaks only one of the two national languages.
This legislation makes scarcely viable schools in which teaching is
conducted solely in the national language that is not that of the majority of
the inhabitants of the region. In other words, it tends to prevent, in the
Dutch-unilingual region, the establishment or maintenance of schools which
teach only in French. Such a measure cannot be considered arbitrary. To
begin with, it is based on the objective element which the region constitutes.
Furthermore it is based on a public interest, namely, to ensure that all
schools dependent on the State and existing in a unilingual region conduct
their teaching in the language which is essentially that of the region.
This part of the legislation does not violate the rights of the individual.
On this point, the Court observes that the provisions which are challenged
concern only official or subsidised education. They in no way prevent, in
the Dutch-unilingual region, the organisation of independent Frenchlanguage education, which in any case still exists there to a certain extent.
The Court, therefore, does not consider that the measures adopted in this
matter by the Belgian legislature are so disproportionate to the requirements
of the public interest which is being pursued as to constitute a
discrimination contrary to Article 14 of the Convention, read in conjunction