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.

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