82
"RELATING TO CERTAIN ASPECTS OF THE LAWS ON THE USE OF LANGUAGES
IN EDUCATION IN BELGIUM" v. BELGIUM (MERITS) JUDGMENT
education, infringe neither the first sentence of Article 2 of the Protocol (P12) nor Article 8 (art. 8) of the Convention considered by themselves.
The right to education, which is enshrined in the first sentence of Article
2 of the Protocol (P1-2) is not frustrated by the Acts criticised. In particular
the right to obtain, in conformity with the rules in force in each State and in
one form or another, the official recognition of studies completed has not
been disregarded by these legal provisions. Leaving this right intact, they
merely subject its exercise to the express condition of an examination before
a central board. This examination does not constitute a test of excessive
difficulty. It appears from the documents produced and the statements made
before the Court that the candidate may take it in two stages and in the
national language of his choice and that any candidate who fails may
present himself before the Central Board as many times as he wishes.
Moreover, the percentage of failures recorded before the Central Board at
the higher level of secondary education is in no way abnormal. Moreover,
the entrance fees for the examination are very small.
As regards Article 8 (art. 8) of the Convention, invoked by the
Applicants before the Commission, it is impossible to see how the system of
the Central Board for secondary education could entail a violation of the
right to respect for private and family life. Here again, the Court finds that
there is no violation.
It remains to be decided whether the legal provisions referred to in the
sixth question are compatible with the first sentence of Article 2 of the
Protocol, read in conjunction with Article 14 (art. 14+P1-2) of the
Convention.
This question must be examined in connection with the criteria which the
Court has set out above for determining whether a given measure is of a
discriminatory character within the meaning of Article 14 (art. 14).
On this matter, the Court first notes that the legislature, in adopting the
system in issue, has pursued an objective concerned with the public interest:
to favour linguistic unity within the unilingual regions and, in particular, to
promote among pupils a knowledge in depth of the usual language of the
region. This objective concerned with the public interest does not, in itself,
involve any element of discrimination.
As regards the relationship of proportionality between the means
employed and the objective aimed at, greater difficulties are encountered in
finding the answer.
One of them lies in the fact that the children who, as holders of a
certificate that is not admissible for homologation for purely linguistic
reasons, must take an examination before the Central Board, are in a less
advantageous position than those pupils who have obtained a school leaving
certificate which is admissible for homologation. However, this inequality
in treatment in general results from a difference relating to the
administrative system of the school attended: in the first of the two cases