"RELATING TO CERTAIN ASPECTS OF THE LAWS ON THE USE OF LANGUAGES IN EDUCATION IN BELGIUM" v. BELGIUM (MERITS) JUDGMENT 79 "obtain a legally recognised degree", whereas the latter, even if he successfully pursues the "same studies" at university must be satisfied with a non-recognised ("scientifique") degree, unless "he has passed a full examination before the Central Board in the language of his choice". It is true that these rules apply equally to "schooling completed in the Dutch language in an establishment in Wallonia". In practice, however, they hardly touch education given in Dutch: although "before the 1932 Acts there were French secondary schools in the Flemish region", "no one has stated before the Commission that there were at that time Dutch secondary schools in Wallonia". Here again the "parallelism" invoked by the Belgian Government "works solely against the French-speaking population". This being so, eight members of the Commission express the opinion that the refusal to grant homologation infringes the right to education as it is jointly defined by Article 2 of the Protocol (P1-2) and Article 14 (art. 14) of the Convention. It is true that "neither the Convention nor the Protocol guarantees access to any functions or occupations whatsoever". The first sentence of Article 2 of the Protocol (P1-2) nevertheless enshrines, "in spite of its negative formulation", "the right of every person to education". Now, in our age, education is not "in the immense majority of cases", an "end in itself". "Those who receive instruction (...) do so not disinterestedly, but with the intention of preparing themselves for the work" upon which they propose to embark on completion of their studies. To the Commission, "the right to education would be only an illusion if it did not include the right to draw full benefit from education", and Article 2 (P1-2) would be "meaningless" if it were accepted that it did no more than guarantee the right "to a purely humanist education". "Any legislation which, while not denying anyone the right to education, were to lay down discriminatory measures with regard to the advantages that individuals or groups of individuals may derive from their education", including "the exercise of those functions or professions to which the education in question normally gives access", would not, in the Commission’s view, violate "Article 2 of the Protocol (P1-2) considered in isolation" but would infringe "that Article read in conjunction with Article 14 (art. 14+P1-2) of the Convention", for it would not "secure enjoyment of the right to education for everyone without discrimination". In Belgium, certain advantages are reserved to the holders of homologated certificates. In order to determine whether or not this constitutes a "discrimination" incompatible with Article 14 (art. 14), the Commission considers it necessary to examine closely the "reasons" behind the refusal to grant homologation. In its opinion what are involved are not "academic considerations" (cf. supra), nor administrative reasons. On this last point, the Commission admits that the Belgian State does not inspect "schools which do not observe the linguistic legislation". It observes, however, that "it would be of no use for a school which did not comply"

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