"RELATING TO CERTAIN ASPECTS OF THE LAWS ON THE USE OF LANGUAGES
IN EDUCATION IN BELGIUM" v. BELGIUM (MERITS) JUDGMENT
69
2. That the person concerned has in each year of his schooling been taught Flemish,
if his schooling has been in French, or French, if his schooling has been in Flemish,
for at least four hours a week.
Where the person concerned has had his schooling in one of the special classes
referred to in Section 9 of the Act on the Language of Instruction in Primary and
Secondary Schooling or in an analogous special class at an educational establishment
not subject to the basic legislation on secondary education, his certificate of secondary
schooling shall certify that he fulfilled the conditions imposed by the aforementioned
Section 9 for admission to such a special class, and that the provisions of Section 10 of
the said Act with regard to the teaching of a second language have been observed.
The certificate shall clearly indicate under which regime the bearer’s schooling was
carried out.
Section 2
In applying the preceding Section to certificates issued by educational
establishments not subject to the basic legislation on secondary schooling, the
maternal or usual language of a child shall be determined by a declaration made by the
head of his family. If there be any doubt as to the correctness of such declaration, the
head of such establishment, or his deputy, assisted by two members of the teaching
staff, shall, at the beginning of the school year, investigate the matter.
The certificate of secondary schooling shall expressly state that this procedure has
been strictly followed.
Section 3
Where the bearer of a certificate of secondary schooling has had his schooling at
two or more educational establishments situated in different regions, such certificate
shall certify that the provisions of Article 1 have been complied with in each region.
Where the bearer began his secondary schooling abroad and completed it in
Belgium, the certificate shall certify that the provisions of Section 1 have been
complied with so far as concerns that part of his schooling which took place in
Belgium.
Section 5
In applying the present Act to the German-speaking communes, exceptions justified
by local conditions may be provided for by a motivated Royal Decree, to be published
in the Official Gazette."
The refusal to homologate certificates which do not conform with the
linguistic legislation was later extended to various types of studies not
governed by the Act of 15th July 1932 (Act of 27th July 1947, Royal
Decree of 5th May 1953 and Section 23 of the Act of 29th May 1959).
37. Section 24 of the Act of 30th July 1963, Sections 4-8 of which
determine the language of instruction in the different regions of the