"RELATING TO CERTAIN ASPECTS OF THE LAWS ON THE USE OF LANGUAGES
IN EDUCATION IN BELGIUM" v. BELGIUM (MERITS) JUDGMENT
83
mentioned above, the position usually is that the establishment is one which,
by virtue of the legislation in force, is not subject to school inspection; in
the second, on the other hand, the certificate is necessarily issued by a
school which is subjected to such inspection. Thus the State treats
unequally situations which are themselves unequal. It does not deprive the
pupil of the profit to be drawn from his studies. The holder of a certificate
not admissible for homologation may, indeed, obtain official recognition of
his studies by presenting himself before the Central Board. The exercise of
the right to education is not therefore fettered in a discriminatory manner
within the meaning of Article 14 (art. 14).
It is not, however, impossible that the application of the legal provisions
in issue might lead, in individual cases, to results which put in question the
existence of a reasonable relationship of proportionality between the means
employed and the objective aimed at, to such an extent as to constitute
discrimination.
During the oral hearing before the Court, the Commission put forward
the case of a refusal of homologation in respect of a pupil who, from the
beginning of his secondary studies, had received an education not in
conformity with the linguistic legislation, even if only for a few months, and
whose later studies took place in accordance with the provisions of this
legislation and this in an establishment subject to school inspection. Even
in a case of this kind, where it is not reasonably possible to speak of an
evasion of the law, the legal provisions complained of would prevent the
award of a certificate admissible for homologation.
Such a result, to the extent to which it may follow from the application of
the law, must cause serious doubts as to its compatibility with the right to
education - the enjoyment of which the Convention and the Protocol secure
to everyone without any discrimination.
In the present case, however, it has been neither established nor even
alleged that there is such a result with respect to any one of the children of
the Applicants.
The examination of the case thus envisaged does not prevent the Court
from concluding that the legal provisions referred to in the sixth question
are not, in themselves, in contradiction with the requirements of the
Convention.
FOR THESE REASONS, THE COURT,
1. Holds, by eight votes to seven, that Section 7 (3) of the Act of 2nd
August 1963 does not comply with the requirements of Article 14 of the
Convention read in conjunction with the first sentence of Article 2 of the
Protocol (art. 14+P1-2), in so far as it prevents certain children, solely