"RELATING TO CERTAIN ASPECTS OF THE LAWS ON THE USE OF LANGUAGES
IN EDUCATION IN BELGIUM" v. BELGIUM (MERITS) JUDGMENT
7
In particular the Commission requests the Court to decide whether or not, in the
case of the Applicants, there is violation of all or some of the above-mentioned
articles, inter alia:
(a) in so far as the Acts of 1932 prevented, and those of 1963 prevent:
- the establishment, or
- the subsidisation
by the State, of schools not in conformity with the general linguistic requirements;
(b) in so far as the Acts of 1963 result in the complete withdrawal of subsidies from
provincial, commune or private schools providing, in the form of non-subsidised
classes and in addition to the instruction given in the language prescribed by the
linguistic Acts, full or partial instruction in another language;
(c) with regard to the special status conferred by Section 7, third paragraph, of the
Act of 2nd August 1963 on six communes, of which Kraainem is one, on the
periphery of Brussels;
(d) with regard to the conditions on which children whose parents reside outside the
Greater Brussels district may be enrolled in the schools of that district (Section 17 of
the Act of 30th July 1963);
(e) in so far as Section 7, last paragraph, of the Act of 30th July 1963 and Section 7,
third paragraph, of the Act of 2nd August 1963 prevent certain children, solely on
the basis of their parents’ place of residence, from attending French-language
schools at Louvain and in the six communes mentioned under (c) above;
(f) in so far as the Acts of 1932 resulted, and those of 1963 result, in absolute refusal
to homologate certificates relating to secondary schooling not in conformity with the
language requirements in education.
For the reasons stated at the end of its report (...), the Commission still refrains for
the time being from putting forward conclusions on the claims for damages submitted
by the Applicants of Alsemberg and Beersel, Kraainem and Louvain."
- by the Belgian Government in its memorial of 2nd October 1967:
"Subsidiary, in case the Court should feel obliged to adopt the Commission’s
viewpoint, the Belgian State points out the legitimate grounds that justify the
legislation attacked.
The Belgian Government maintains however as its main argument the conclusions
set down in its first memorial on the merits and reserves its final conclusions.
The Government wishes to point out:
- first of all, that the distinctions of which the Applicants complain do not affect the
rights laid down in Article 8 (art. 8) of the Convention, since the rights of parents and
children with regard to education are defined not in that Article (art. 8) but in Article 2
of the Protocol (P1-2);