62
"RELATING TO CERTAIN ASPECTS OF THE LAWS ON THE USE OF LANGUAGES
IN EDUCATION IN BELGIUM" v. BELGIUM (MERITS) JUDGMENT
Applicants above all attack other aspects of the system applicable to
Drogenbos, Kraainem, Linkebeek, Rhode-St. Genèse, Wemmel and
Wezembeek-Oppem (cf. supra); nevertheless, they consider as abnormal a
"strictly territorialist" provision which "prevents children living on the other
side of the street, that happens to lie within the administrative area of
another commune", from attending the schools in question. The Applicants
from Alsemberg, Beersel, Antwerp, Ghent, Louvain and Vilvorde are more
directly affected. Thus the son of one of the counsel representing the
Applicants from Antwerp, Ghent and Vilvorde (Applications Nos. 1691/62,
1769/63 and 2126/64) lives at Tervueren, which is situated in the Dutchlanguage area but which is contiguous with Wezembeek-Oppem; the entry
into force of the Act of 2nd August 1963 obliged him to withdraw his
children from a French school at Wezembeek-Oppem, situated 150 metres
from his home, and to send them every day to Brussels, about a dozen
kilometres away. The Applicants consider that in this respect they are
victims of violations of Article 2 of the Protocol (P1-2) and Articles 8 and
14 (art. 8, art. 14) of the Convention, and in particular of a discrimination
based on residence.
In the case of Louvain as in that of the six communes on the outskirts of
Brussels, the discriminations denounced by the Applicants are not based on
"financial or administrative" reasons; they reflect a will to enshrine the
"rights of the ground" to the detriment of individual freedoms and to
"liquidate the French-speaking minorities" by compelling them to "become
flemicised" or to "move away".
3. Arguments presented before the Court by the Belgian Government
and by the Commission
30. The Belgian Government maintains that the legislation in dispute in
no way conflicts, on the two points under consideration, with the
requirements of the three Articles (P1-2, art. 8, art. 14) invoked by the
Applicants. While its principal argument was that the Articles were totally
inapplicable (cf. supra), it presents several subsidiary arguments. It
emphasises, in substance, that Section 7 in fine of the Act of 30th July 1963
and Section 7 § 3-B of the Act of 2nd August 1963 depart from the
territorial principle only for very special reasons: namely to respond to the
"needs of the bilingual University of Louvain in the matter of teacher’s
training" and to provide in the six communes assigned "a special status",
certain facilities for the "fairly large French-speaking minority" which exists
there. These justifications explain at the same time the restrictions to which
the exceptions are subject. Why should the legislature permit the
"concessions" made to French-speaking persons at Louvain and in the
communes on the outskirts of Brussels to become "the starting point for
francisation of the Flemish populations in these and neighbouring
communes", when its "avowable" and "legitimate" purpose consists