8
"RELATING TO CERTAIN ASPECTS OF THE LAWS ON THE USE OF LANGUAGES
IN EDUCATION IN BELGIUM" v. BELGIUM (MERITS) JUDGMENT
- that these distinctions do not affect the negative right and the freedom laid down in
Article 2 of the Protocol (P1-2) but relate to positive benefits and favours, which the
State may, of course, grant in order to facilitate the exercise of that right and freedom
but concerning which the High Contracting Parties have expressly declared that they
did not intend to enter into any obligation;
- that the distinctions in question do not interfere with any desire of the Applicants
simply to have their children educated but concern their wish to have them educated in
accordance with their linguistic preferences, and that any such preferences held in
educational matters were deliberately not included by the High Contracting Parties in
the enumeration of rights and freedoms safeguarded by the Convention;
- that the rule of non-discrimination in Article 14 (art. 14) of the Convention cannot
apply to the distinctions of which the Applicants complain, since it relates only to
rights and freedoms laid down in the Convention;
- that the Applicants’ complaints are unfounded."
7. The following submissions were made during the oral proceedings:
- by the Commission, on 25th November 1967:
"The Commission maintains the submissions it made to the Court at the end of its
memorial on the merits of the case, while reserving the right to modify them or add to
them in the light of subsequent proceedings."
- by the Belgian Government, on 27th November 1967:
"I have the honour to read to the Court the submissions made by the Belgian
Government at the present stage of proceedings, while reserving the right to make any
necessary additions or amendments during subsequent proceedings.
Principal submissions
May it please the Court,
To find that the measures of which the Applicants complain, whether the provisions
invoked by the Applicants concerning them are considered in isolation or in
conjunction, do not interfere with the rights or freedoms set forth in the European
Convention on Human Rights and Protocol and, replying in greater detail to the
questions submitted by the Commission:
To rule that Belgian legislation is not incompatible with:
(a) the first sentence of Article 2 of the Protocol (P1-2), considered in isolation;
(b) the second sentence of that Article (P1-2), considered in isolation;
(c) Article 8 (art. 8) of the Convention, considered in isolation;
(d) the first sentence of Article 2 of the Protocol, read in conjunction with Article 14
(art. 14+P1-2) of the Convention;
(e) the second sentence of Article 2 of the Protocol, read in conjunction with Article
14 (art. 14+P1-2) of the Convention;