56
"RELATING TO CERTAIN ASPECTS OF THE LAWS ON THE USE OF LANGUAGES
IN EDUCATION IN BELGIUM" v. BELGIUM (MERITS) JUDGMENT
does the Commission think that Section 17 of the Act of 30th July 1963
involves, in this case, a discrimination contrary to Article 14 of the
Convention read in conjunction with Article 2 of the Protocol (art. 14+P1-2)
or Article 8 (art. 14+8) of the Convention. It is true that it observes that the
Dutch-speaking parents in Wallonia do not seem to send their children to
the Greater Brussels district as frequently as French-speaking parents in
Flanders; it sees here one of the proofs of the relative nature of the
"parallelism" established by law between the two large linguistic areas. The
fact that Dutch-speaking children "are not admitted to French schools in
Brussels", and the existence of linguistic control, seem to the Commission
to reflect "the Belgian State’s desire to ensure the maintenance of the Dutch
language". The Commission observes, however, that the Applicants
including those of Vilvorde nowhere assert "that any of their children have
not been admitted to the French schools in Brussels"; it concludes from this
that "they cannot claim to be victims of a discriminatory measure".
In its memorial of 16th December 1965, the Commission draws "the
Court’s attention to a special aspect of the legislation complained of by the
Applicants": "even where the legislation in force provides for a dual
language system for official or recognised education", for example in the
Greater Brussels district, "it does not give parents the choice between
French and Dutch as their children’s language of instruction" since it "lays
down the system of "the material or usual language" and makes the
declaration of the head of the family subject to verification by the language
inspectorate". The Commission wonders whether the result is a simple
"legitimate distinction" or in actual fact a "discrimination" incompatible
with Article 14 (art. 14). Nevertheless the question does not seem to it "to
arise in specific terms in the cases before the Court, since the Applicants
claim to be French-speaking and want their children to be instructed in
French".
4. Decision of the Court
25. The conditions which regulate the enrolment in the schools of the
Greater Brussels District of children whose parents are resident outside this
district, are laid down in Section 17 of the Act of 30th July 1963. The
application of this provision does not, in the case of the Applicants, violate
any of the three Articles of the Convention and Protocol (art. 8, art. 14, P12) invoked by them before the Commission.
The Court recalls that the first sentence of Article 2 of the Protocol (P12) does not, by itself, imply any requirement of a linguistic nature and that
Article 8 (art. 8) of the Convention does not lay down any personal right of
parents in relation to the education of their children. It further finds that the
legal provision in issue has not caused unjustifiable disturbance to the
private and family life of the Applicants.