60
"RELATING TO CERTAIN ASPECTS OF THE LAWS ON THE USE OF LANGUAGES
IN EDUCATION IN BELGIUM" v. BELGIUM (MERITS) JUDGMENT
Whether situated at Louvain or at Heverlee, the classes in question enjoy
financial support from the State. Admission is granted, however, to four
types of children only: children who attended the classes during the school
year 1962-1963; children of employees, students and teaching staff of the
University as well as members of their family living with them; children of
foreign nationality, when the head of the family belongs to an international
law organisation, embassy, legation or consulate; and finally, children of
French-speaking Belgians if the head of the family lives outside the Dutchspeaking region.
28. Article 7 para. 3 (b) of the Act of 2nd August 1963 has already been
cited in extenso in connection with the third question (para. 15 supra). It
will be enough to recall here that at Drogenbos, Kraainem, Linkebeek,
Rhode-St. Genèse, Wemmel and Wezembeek-Oppem, nursery and primary
school teaching must be conducted in French for children when it is their
maternal or usual language, "if the head of the family resides in one of the
communes" and if "16 heads of family residing within the commune"
concerned request it.
The Commission considers this provision to be "somewhat ambiguous".
It gives the following interpretation which the Belgian Government has not
disputed:
"It (...) appears, that heads of family who live in other communes of the same
category may not join together to request the opening of a French-school in one of
these communes; the request may come only from sixteen heads of family all living in
the same commune. On the other hand, it appears certain that if there is a Frenchspeaking school in one of the communes in question, French-speaking children in
other communes of the same category (...) may also enter it".
Whatever the case may be, a child cannot attend the French classes at
Drogenbos, Kraainem, Linkebeek, Rhode-St. Genèse, Wemmel or
Wezembeek-Oppem if the head of the family resides elsewhere than in one
of the six communes enjoying "a special status", for example in the
unilingual Flemish region.
2.
Arguments presented by the Applicants before or through the
Commission
29. According to the Applicants, the legislation in issue is, on the two
points under consideration, incompatible with Article 2 of the Protocol (P12) and Articles 8 and 14 (art. 8, art. 14) of the Convention.
As far as concerns the French classes at Louvain and Heverlee, the
signatories of Application No. 1994/63 (Louvain and environs), first assert
that Louvain is an asset "belonging to Belgium as a whole" and
consequently "should enjoy a national rather than a Flemish status".
However the French section of the University was "very nearly" abolished
in 1963 in the name of "the principle of the absolute integrity of Flemish
territory"; this idea is said to have been given up only for practical and