"RELATING TO CERTAIN ASPECTS OF THE LAWS ON THE USE OF LANGUAGES 95
IN EDUCATION IN BELGIUM" v. BELGIUM (MERITS) JUDGMENT
INDIVIDUAL OPINION, PARTLY DISSENTING (POINT I OF THE OPERATIVE PROVISIONS
OF THE JUDGMENT), OF JUDGE G. MARIDAKIS
But neither family traditions nor ties of blood are disturbed by the fact
that, because of the immutability of the language boundary and territorial
unilingualism, both of which principles were introduced in the general
interest of the Belgian nation, the Applicants, as French-speaking persons
resident in a region where education is given solely in Dutch, are obliged to
send their children to French-language schools far from their homes.
The 1963 Acts withhold from persons attending schools where education
is not in the regional language that which is granted to those who attend
schools where the education is given in that language; in particular
homologation and grants are denied (see No. 3 above).
But the reasons for this denial is to give effect to the principles of
immutability of the language boundary and territorial unilingualism, on
which Belgian legislation has placed its language policy in consideration of
the general interests of the Belgians. Thus if, for reasons of the public
interest of the whole of the Belgian nation, French-speaking parents are
obliged to send their children to French-language schools far from their
homes, this entails no dangers other than those to which schoolchildren are
exposed daily in their journeys between school and home, and which can be
eliminated by a little more vigilance on the part of parents.
Thus the fact that French-speaking parents feel obliged to send their
children to schools in which education is given in French, i.e. in the
language of the French-speaking region, is a mere inconvenience; it is not
interference by the authorities with private and family life within the
meaning of Article 8 (art. 8) of the Convention. Such inconvenience may
be described as the price paid for a legislative measure inspired by national
and social considerations (see Section 5 (2) of the Act of 30th July 1963 on
the use of languages in education: "... while respecting the right of parents
to send their children to a school of their choice at a reasonable distance").
7. The true meaning of Article 14 (art. 14) of the Convention becomes
clear if it is added to Article 1 (art. 1), which then reads:
"The High Contracting Parties shall secure to everyone within their jurisdiction the
rights and freedoms defined in Section 1 of this Convention and the enjoyment of the
said rights and freedoms shall be secured without discrimination on any ground such
as sex, race, colour, language, religion, political or other opinion, national or social
origin, association with a national minority, property, birth or other status".
The Belgian legislative power thought a just settlement of the violent
linguistic dispute between Flemings and Walloons could be achieved if the
language boundary were drawn immutably once and for all, territorial
unilingualism being introduced at the same time.
They also thought that such immutability and unilingualism could never
be enforced unless the restrictions mentioned under paragraph 3 were
introduced.