"RELATING TO CERTAIN ASPECTS OF THE LAWS ON THE USE OF LANGUAGES 101 IN EDUCATION IN BELGIUM" v. BELGIUM (MERITS) JUDGMENT INDIVIDUAL OPINION, PARTLY DISSENTING (POINT I OF THE OPERATIVE PROVISIONS OF THE JUDGMENT), OF JUDGE TERJE WOLD human rights "according to the needs and resources of the community". Such an interpretation cannot be accepted. And even worse is the interpretation by the majority that the Convention "implies a just balance between the protection of the general interest of the community and the respect due to fundamental human rights". I strongly disagree with this interpretation. In my opinion it carries the Court into the very middle of the internal political questions of each Member State, which it has never been the intention that the Court should deal with. Finally, I would like to indicate briefly some of the practical difficulties the majority interpretation leads to. Shall everyone be secured the "right" of access to all the institutions of instruction in the member States, primary and secondary schools, universities, etc? What will happen to this individual right of access when there is not room for all? In many countries there are not even sufficient facilities for their own nationals. This shows that if it really had been the meaning to introduce a positive obligation on the Contracting Parties, there necessarily must have been adopted some rules of regulation and limitation. Further, these rules must have been the same for all Parties to the Convention. But such rules were not even discussed. The reason is simple. The scholastic system of the member States is the internal, national concern of each of them: it is entirely outside the scope of the Convention. It was also during the Preparatory Works expressly pointed out that the Convention should not affect the internal scholastic organisation of States. This case also shows how meaningless it would be if the European Court, referring only to Article 2 (P1-2) in its present form, should have competence to interfere with the organisation of the scholastic system of Belgium, which was adopted by the Belgian Parliament by a large majority of all groups of the country. The only question which can be reasonably discussed with regard to the Belgian laws is if they are so strict or so rigorous that they imply a denial of the free choice of education. But this has not even been claimed. All this makes it, in my opinion, evidently clear that the positive interpretation adopted by the majority is not well grounded. The negative interpretation adopted by the Commission is both logical and consistent with the wording of Article 2 (P1-2). Article 14 (art. 14) of the Convention Article 14 (art. 14) cannot be applied in our case. That follows already from the fact that, in my opinion, there has been no denial of the right to education by the Belgian State. I have no objection to considering Article 14 (art. 14) as a part of each of the foregoing Articles of the Convention and the Articles of the Protocol. But that brings no new element into the discussion, it only makes it evidently clear that the human right dealt with in

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