"RELATING TO CERTAIN ASPECTS OF THE LAWS ON THE USE OF LANGUAGES
IN EDUCATION IN BELGIUM" v. BELGIUM (MERITS) JUDGMENT
77
and cultural advancement" of the people and, consequently, acquire "a
sufficient knowledge of the language" of the latter.
The "legitimate" purpose thus followed has been achieved; "if, after
1932, many Flemish parents preferred to send their children to Dutchlanguage schools, the sole reason was, and the main reason still is", that in
Flanders only certificates issued by such schools are homologated. "From
that time, the Flemings" have a "numerous upper class" and "Flemish
separatism has disappeared".
In short, "the Belgian idea" involves no "unlawful discrimination against
minorities". This is not peculiar to Belgium: in several other countries, such
as Switzerland, the principle of non-discrimination is equally "subject" to
"the principle of regional homogeneity in educational matters".
41. The Commission confirmed before the Court the opinion which it
had formulated on this point in its Report.
Refusal of homologation does not infringe Article 2 of the Protocol (P12) taken in isolation. It is true that the "right to education" comprises, at
least "in Belgium’s present economic and social circumstances" and "in
those of other countries that have signed the Protocol", "the right to draw
full benefit from the education received" (cf. supra). Article 2 (P1-2),
however, leaves the State "free to establish or subsidise schools or to abstain
from so doing" (cf. supra). From this it follows that "the Belgian State is
not obliged by the Article (P1-2) in question to grant homologation of
leaving certificates issued by any schools whatsoever, whether or not they
comply with the requirements of the language legislation". According to the
Commission, "the fact that the legislation attacked strikes at education given
in a language which is generally spoken by a large part of the population
and is considered as one of the national languages may appear particularly
hard". "However, the fact is irrelevant from the point of view of Article 2
of the Protocol (P1-2)", which "authorises no distinction between nationals
of a particular State and foreign nationals". Two members of the
Commission reached the same conclusion by different reasoning, but three
others see the measure in dispute as "a restriction which prevents the
individual from deriving the profit normally inherent in the education which
he receives" and consequently as "a partial denial of the right to education".
The Commission draws the attention of the Court to those various
individual opinions.
Nor is there any violation of Article 8 (art. 8) of the Convention on the
point in question: the possibility of "grave unjustified disturbances caused in
the private or family life" of the Applicants is relevant "only to primary
education" and the question of homologation does not arise at this level (cf.
supra).
The Commission finally examines the question as to whether or not the
refusal of homologation complies with the requirements of Article 2 of the
Protocol and Article 8 of the Convention, here read in conjunction with