"RELATING TO CERTAIN ASPECTS OF THE LAWS ON THE USE OF LANGUAGES
IN EDUCATION IN BELGIUM" v. BELGIUM (MERITS) JUDGMENT
51
in issue seem to it to reflect "the Belgian State’s desire to ensure the
maintenance of the Dutch-language", indeed to assimilate "minorities,
against their wish, into the sphere of the regional language". Eleven
members of the Commission, however, believe that this does not result in
any discrimination incompatible with Article 14 (art. 14). Seven of them
consider it to be "quite proper that the Act should enforce the teaching of
Dutch in communes in which the Dutch language is spoken by a large
proportion of the inhabitants, sometimes a majority". As regards the
absence, at Kraainem, of "official or subsidised French education at
secondary level", this does not seem to these members of the Commission to
be incompatible with Article 14 (art. 14): "if it is agreed that the State’s
refusal to establish or subsidise primary education in French" is not of a
discriminatory nature, the same conclusion applies, a fortiori, "to secondary
education". It is true that the State draws a distinction, in this respect, in a
way detrimental to French-speaking pupils; this, however, represents "a
favour granted by the law to Flemish-speaking inhabitants" and "not a
hardship interfering with enjoyment by the French-speaking population of
the rights guaranteed by the Convention". "According to the information
received by the Commission", moreover, there is Dutch secondary
education only in three of the communes referred to in Section 7 (1) of the
Act of 2nd August 1963, namely, Wemmel, Wezembeek-Oppem and
Rhode-St. Genèse. Dutch-speaking parents living at Kraainem must also
therefore send their children "to schools at some distance" if they wish them
to receive secondary education; this situation does not in any way depend
"on the language question". Four other members of the Commission
likewise conclude, on different grounds, that the system in the six
communes on the outskirts of Brussels is not incompatible with the
Convention. On the other hand, one member does not accept this
conclusion. He is substantially of the opinion that the Kraainem Applicants
remain "although to a much lesser extent than before 1963", "victims of
discrimination incompatible with Article 14 (art. 14) of the Convention".
The Commission draws the attention of the Court to these different
individual opinions.
4. Decision of the Court
19. The residence conditions to which the fifth question relates being
reserved until later, the special status conferred by Section 7 (3) of the Act
of 2nd August 1963 on six communes on the periphery of Brussels,
including Kraainem, does not violate, in the case of the signatories of
Application No. 1677/62, any of the three Articles (P1-2, art. 8, art. 14)
invoked by them before the Commission.
As is the case with the legal and administrative provisions with which the
first and second questions are concerned, the status of the six communes
involves neither a denial of the right to education, guaranteed by the first