"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