"RELATING TO CERTAIN ASPECTS OF THE LAWS ON THE USE OF LANGUAGES
IN EDUCATION IN BELGIUM" v. BELGIUM (MERITS) JUDGMENT
61
financial reasons and action aiming at the "expulsion" of the French section
to Wallonia is now being pursued. The Applicants furthermore emphasise
that at Louvain and Heverlee there formerly existed a series of French
classes including transmutation classes. The entry into force of the Act of
30th July 1963 brought about the disappearance of the majority of these
classes. As for those which remain, they are of a precarious and revocable
nature since Section 7 paragraph 2 of the Act of 30th July 1963 is of a
permissive not mandatory character ("exceptions may be made").
The signatories of Application No. 1994/63 reproach the Belgian
legislature for preventing them from enrolling their children in the classes
which remained. They declare that they are almost all resident at Louvain,
Heverlee or in other communes in the unilingual Flemish region, that they
are not employees, students or professors at the Catholic University and that
they are of Belgian nationality. They admit therefore that they do not
comply with the various requirements laid down in Section 7 in fine of the
Act of 30th July 1963. The language inspectorate carefully verifies the
fulfilment of these conditions; one of the Applicants had personal
experience of this. Consequently, Section 7 in fine of the Act of 30th July
1963 runs counter to the "wishes of the Applicants" from Louvain, "to give
their children a French education". It brings about a situation "all the more
open to criticism since the Applicants" use "the French language"
exclusively or principally, and since "they live in a region with a large
French-speaking minority where a French school still exists to which they
are denied access". This last circumstance shows that it matters little, in this
case, whether or not Article 2 of the Protocol (P1-2) creates a positive
obligation. In order to give their children the opportunity of pursuing their
education in French, the Applicants are obliged either to engage in
"scholastic emigration" or to leave Louvain; the result is an infraction of the
rights guaranteed by Article 8 (art. 8) of the Convention. By opening
French classes at Louvain and Heverlee to certain foreign children and to
those of the employees, students and professors of the University, the
legislature has established "schools for castes and privileged persons". In
general, Section 7 in fine of the Act of 30th July 1963 introduces a series of
discriminations based not only on residence but also on sex (Institut du
Sacré-Coeur at Heverlee), language, belonging to a national or linguistic
minority, nationality and profession. The Antwerp and Ghent Applicants
(Applications Nos. 1691/62 and 1769/63) likewise complain that they
cannot send their children to the French classes in the Louvain urban area.
The residence condition to which Section 7 § 3-B of the Act of 2nd
August 1963 subordinates admission to French classes in the six communes
enjoying "a special status" is likewise incompatible with the Convention and
the Protocol. It is true that it in no way prejudices the signatories of
Application No. 1677/62 since they live at Kraainem; the Commission and
the Belgian Government have not failed to make this point. In fact these