"RELATING TO CERTAIN ASPECTS OF THE LAWS ON THE USE OF LANGUAGES
IN EDUCATION IN BELGIUM" v. BELGIUM (MERITS) JUDGMENT
67
regard the Court, in particular, points out that the impossibility of entering
official or subsidised French-language schools in the six communes "with
special facilities" affects the children of the Applicants in the exercise of
their right to education, all the more in that there exist no such schools in
the communes in which they live.
The enjoyment of the right to education as the Court conceives it, and
more precisely that of the right of access to existing schools, is not therefore
on the point under consideration secured to everyone without discrimination
on the ground, in particular, of language. In other words, the measure in
question is, in this respect, incompatible with the first sentence of Article 2
of the Protocol, read in conjunction with Article 14 (art. 14+P1-2) of the
Convention. In these circumstances, the Court does not consider it
necessary to examine whether the said measure respects Article 8 (art. 8) of
the Convention, read in conjunction with Article 14 (art. 14+8) or in
isolation.
F. As to the sixth question
33. The sixth question concerns the issue of whether or not, in the case
of the Applicants, there is a violation of Article 2 of the Protocol (P1-2) and
Articles 8 and 14 (art. 8, art. 14) of the Convention, or of any of these
Articles.
"in so far as the Acts of 1932 resulted, and those of 1963 result, in absolute refusal
to homologate certificates relating to secondary schooling not in conformity with the
language requirements in education."
1. The Facts
34. At the end of each stage of secondary schooling the teaching
establishments deliver to pupils a certificate specifying the course of studies
followed and that they have been successfully completed. In fact, Belgium
has not adopted the "Baccalauréat" system.
The certificate granted on the completion of secondary studies states that
the holder is considered suitable for higher education. However it acquires
legal value only after "homologation" by a board, set up for the purpose for
the whole of the country, the homologation board. This examines only the
certificates. Homologation is granted only if the studies comply with the
legal requirements.
The holder of a non-homologated certificate may go on to higher studies,
for instance at a University, and obtain a "non-recognised" ("scientifique")
university degree, but not a "legally recognised" or "academic" degree.
However, only "legally recognised" or "academic" degrees give access to a
number of posts and professions: careers in the administration or the
judiciary, the Bar, the profession of notary and the medical profession, etc.