"RELATING TO CERTAIN ASPECTS OF THE LAWS ON THE USE OF LANGUAGES
IN EDUCATION IN BELGIUM" v. BELGIUM (MERITS) JUDGMENT
43
certain extra-legal pressures (the case of the Public secondary school at
Renaix, etc.).
The Applicants observe that according to Section 5, first paragraph, of
the Act of 30th July 1963, applicable in the Greater Brussels area, "classes
in which the medium of instruction is French and classes in which the
medium of instruction is Dutch may not be placed under a single direction
(...)". This provision does not apply to the Dutch-speaking region, but the
circulars of 9th and 29th August 1963 lead, according to the better view, to
the same results: they require the establishments concerned to close down
their French classes, or to split into two. At Antwerp, the Institut St Joseph
des Filles de Marie and the Collège Marie-José (amalgamated with the High
School) have chosen the second solution. They have erected a wall between
the two sections. In the opinion of the Applicants, the construction of such
a wall "hurts the feelings of the child who is thus liable to develop a
complex" and to be the victim of "a humiliating segregation". The
establishments concerned are moreover doomed sooner or later to close
down as a result of the cumulative effect of legal measures and other
pressures; already several of them have ceased all instruction in French after
the entry into force of the 1963 legislation.
Furthermore the Applicants insist on the necessity of distinguishing
between the refusal to grant subsidies and their withdrawal, the latter
possessing a "punitive character".
3. Arguments presented before the Court by the Belgian Government
and by the Commission
11. According to the Belgian Government, the withdrawal of subsidies
violates neither Article 2 of the Protocol (P1-2) nor Article 8 (art. 8) of the
Convention, which do not oblige the States to provide subsidies and do not
safeguard the cultural or linguistic preferences of parents; nor does it
infringe Article 14 (art. 14) of the Convention which has "legal effects" only
when the Convention "imposes" on States "a certain action" or authorises
them to "limit the exercise of the rights and the enjoyment of the freedoms
guaranteed" which is not so in the present case (cf. supra). To refrain from
providing parallel teaching "entirely or partially in a language other than
that of the region", is a simple "condition of the privileges which are
represented by subsidies", privileges the withdrawal of which "has nothing
to do with the subject matter of the Convention and Protocol".
The other arguments of the Belgian Government are of a subsidiary
character; they apply only in the event of the Court’s adopting the wide
interpretation given to Article 14 (art. 14) by the majority of the
Commission. The Belgian Government finds it "difficult to detect any
difference between privileges granted to the Dutch-speaking population and
disadvantages for the French-speaking population", and consequently also
between the refusal to grant subsidies and their withdrawal.
In