"RELATING TO CERTAIN ASPECTS OF THE LAWS ON THE USE OF LANGUAGES 103
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 are, and must be, the same for everyone, and if we allow
derogation in this field, we very soon run the risk of destroying the
guarantees which the Convention secures to the individual.
It is true that the competent national authorities are frequently confronted
with situations and problems which call for different legal solutions. But
this fact has no relevance when we are interpreting the content of the
different concepts of Human Rights in the Convention. We cannot have
different concepts of Human Rights in the different member States. That
applies also to all the other concepts of the Convention. It applies to the
concept of "discrimination" and even for instance to the concept of the legal
standard "reasonable" in Article 5 (3) (art. 5-3). It follows that the concept
of "discrimination" must be interpreted in the same way for all European
States. We must find a "European" interpretation. It is for the Court after
having interpreted the concept of discrimination in the Convention then to
decide if in the concrete case a discrimination has taken place. This
decision must be based on an evaluation of the facts and circumstances of
each separate case. It is of little help in this context to refer to "the
principles which normally prevail in democratic societies" or to "reasonable
relationship of proportionality" between means and aims. The decisive
factor must always be the content of the Human Right in question. This
right everyone shall enjoy in full "without discrimination on any ground".
For the evaluation of the question if in the concrete case a discrimination
has taken place, no general rules can be laid down. In the field of Human
Rights laid down in the Convention, in my opinion, it would in any case be
wrong if the Court should embark upon a discussion of the needs and the
resources of the different member States.
The only deviation from the Convention allowed is laid down in the
Convention itself, and I think we should keep strictly within the field of
these exceptions not generally laid down, but attached to each separate
Article.
In regard to the interpretation of the second sentence of Article 2 of the
Protocol (P1-2) and Article 8 (1) (art. 8-1) of the Convention, I agree with
the majority opinion.
It follows from what I have said that I have come to the conclusion that
in the case before us there is no violation by the Belgian State of any
Human Right secured by the European Convention.
The Belgian
educational laws do not contravene the provisions of the Convention, and it
is for me not necessary to embark upon a discussion of the details of the
case, which in my view are of a more or less internal political character and
fall within the exclusive sovereignty of the Belgian State.