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"RELATING TO CERTAIN ASPECTS OF THE LAWS ON THE USE OF LANGUAGES
IN EDUCATION IN BELGIUM" v. BELGIUM (MERITS) JUDGMENT
art. 14) of the Convention. In their view the refusal of homologation
renders "illusory" and a "hoax" the sending of children to private Frenchlanguage schools situated in Flanders as these schools deliver only "a mere
piece of parchment of no practical use". It is true that employers are
sometimes "at a pinch" satisfied with such a certificate; it also sometimes
happens that pupils "at boarding schools for girls" are less concerned with
getting a legally valid diploma than with acquiring "a good education".
These are, however, "extremely rare" cases. "In official organisations, the
civil service, and local government", only the legally recognised diploma
counts, and this is "an essential document" in the career of everyone in
Belgium. The Applicants do not dispute that the possession of a certificate
without homologation is sufficient to allow access to "non-recognised
degrees" as opposed to "legally recognised" or "academic" degrees.
However the very existence of these two distinct degrees implies a
difference in their value. The non-recognised degrees are of interest to
almost no-one but foreigners. They are divided into two categories, the first
comprising 118 degrees corresponding to certain of the 3469 legally
recognised degrees, and the second "degrees awarded for courses not
covered by law". The holder of a non-homologated certificate is not, in
principle, admitted to technical education, higher level secondary
commercial education and higher commercial studies, or "the most
attractive professions", such as Bench and Bar, in general the civil service
and local government, the medical and para-medical professions, etc. To
the Belgian Government’s objection that the Convention does not guarantee
the right to exercise a profession, the Applicants replied that they are not
invoking such a right but rather "the freedom of the father of the family, the
right to education, the right to respect for family life" and the principle of
non-discrimination. In their opinion, the refusal of homologation amounts
to a "penalty" in disguise, to a "punitive" measure which condemns the
"dissident" establishments to close down. It is not based on administrative
or technical considerations relating, for example, to the "value of the
teaching" or "its conformity with the curriculum", but is to be explained
only by a deliberate wish to "stamp out" French in Flanders and to
"dutchify" Brussels and its surroundings. It thus assumes an arbitrary and
discriminatory character. Effectively it condemns anyone who has
"received a French education in Flanders or a Flemish education in
Wallonia", to be a "second class citizen".
"The most flagrant"
discrimination is to be found "at the international level" for Belgium
recognises the equivalence of secondary school leaving certificates
conferred in a number of States with which it has concluded bilateral or
multilateral agreements.
As regards the possibility of obtaining a legally recognised diploma, by
going before the Central Board, the Applicants consider it to be in substance
a "palliative" of a "discriminatory" nature. On this matter they emphasise