"RELATING TO CERTAIN ASPECTS OF THE LAWS ON THE USE OF LANGUAGES
IN EDUCATION IN BELGIUM" v. BELGIUM (MERITS) JUDGMENT
47
For their part, the effects of this measure are solely of such a kind as to
prevent subsidised and unsubsidised education being conducted in the same
school. They in no way affect the freedom to organise, independently of
subsidised education, private French-language education.
Hence the legal and administrative measures in question create no
impediment to the exercise of the individual rights enshrined in the
Convention with the result that the necessary balance between the collective
interest of society and the individual rights guaranteed is respected.
Consequently, they are not incompatible with the provisions of Article 2 of
the Protocol and of Article 8 of the Convention, read in conjunction with
Article 14 (art. 14+P1-2, art. 14+8).
C. As to the third question
14. The third question concerns the issue of whether or not in the case of
the Applicants there is a violation of Article 2 of the Protocol (P1-2) and of
Articles 8 and 14 (art. 8, art. 14) of the Convention or of any of those
Articles, "with regard to the special status conferred by Section 7, third
paragraph, of the Act of 2nd August 1963, on six communes, of which
Kraainem is one, on the periphery of Brussels", this being without prejudice
to the conditions of residence referred to in the fifth question.
1. The Facts
15. Situated some kilometres to the east of Brussels, the commune of
Kraainem belonged, under the system created by the 1932 Acts, to the
unilingual Flemish region. Following "a considerable migration of Frenchspeaking persons from Brussels" to the "more airy periphery" and as a result
of a "spontaneous phenomenon (...) of francisation", Kraainem gradually
lost its character of a purely Flemish locality. The last linguistic census
which took place in 1947, showed that 47 % of the population were Frenchspeaking. According to the signatories of Application No. 1677/62, an
"indirect linguistic census" was taken in Kraainem on 31 December 1961
despite the Act of 24th July 1961: the commune administration, having
distributed bilingual forms to the population, ascertained that 61.18 % of the
population was French-speaking, and today it is 65 %. On the other hand,
the Belgian Government is of the opinion that these "so called statistics",
"compiled in circumstances far removed from objective scientific research",
should be treated "with the greatest reserve".
Be this as it may, Kraainem at present forms part neither of "the Dutchlanguage region", nor "the French-language region", nor yet again of "the
Greater Brussels area", the respective composition of which is fixed by
Sections 3, 4 and 6 of the Act of 2nd August 1963. Under Section 7 (1) of
the same Act, it forms, together with five other communes in the immediate
neighbourhood of the capital of the Kingdom, namely, Drogenbos,