52
"RELATING TO CERTAIN ASPECTS OF THE LAWS ON THE USE OF LANGUAGES
IN EDUCATION IN BELGIUM" v. BELGIUM (MERITS) JUDGMENT
sentence of Article 2 of the Protocol (P1-2), nor any derogation from the
right to respect for private and family life enshrined in Article 8 (art. 8) of
the Convention.
On this point, the Court first emphasises that the French-language
nursery and primary schools existing in the six communes are open to the
children of the signatories of Application No. 1677/62. The right to
education of these children, within the meaning of the first sentence of
Article 2 of the Protocol (P1-2), is thus respected.
Moreover, no interference with the exercise of the right to respect for
private and family life protected by Article 8 (art. 8) of the Convention can
be found in this case. In alleging before the Commission that this provision
had been violated, the Applicants have misunderstood its scope. To require
a child to study in depth that national language which is not his own, cannot
be characterised as an act of "depersonalisation". As regards the decision of
certain Applicants to send their children to a French-language school in
Greater Brussels, rather than to a school governed by Section 7 (3) (B) of
the Act of 2nd August 1963, this is the result of their own choice and not of
an interference by the authorities in their private and family life.
It remains to be decided whether the measures in issue 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.
The six communes in question belong to an area which is by tradition
Dutch-speaking. In consideration of the large number of French-speaking
persons who are resident there, the legislature has established a system
which departs from the principle of territoriality. It makes the organisation
of official or subsidised education in French subject to the deposit of a
request by 16 heads of family living in the commune in question; moreover,
this education is compulsorily accompanied by a study in depth of Dutch.
In so doing, the Act does not go outside limits drawn according to objective
criteria and is based on a public interest. Furthermore, the establishment
and maintenance of education conducted in French is possible in the
communes concerned. Finally, the fact that this education is tied to a study
in depth of Dutch, whereas the study of French remains optional in Dutch
schools in the same communes, does not constitute a discrimination as the
latter belong to a region which is, by tradition, Dutch-speaking.
As regards the argument based on the absence, at Kraainem, of official or
subsidised secondary education in French, the Court recalls that Article 2 of
the Protocol (P1-2) does not require the Contracting States to establish
educational establishments: the question is thus one which is left to the
evaluation of the competent national authorities. The Court also notes once
again that in Belgium compulsory schooling extends essentially to primary
education. It points out, incidentally, that Kraainem does not even possess,
at present, education in Dutch at the secondary level.