50
CATAN AND OTHERS v. MOLDOVA AND RUSSIA JUDGMENT
limitations are permitted by implication since the right of access “by its very
nature calls for regulation by the State” (see Case “relating to certain
aspects of the laws on the use of languages in education in Belgium”, cited
above, § 3). In order to ensure that the restrictions that are imposed do not
curtail the right in question to such an extent as to impair its very essence
and deprive it of its effectiveness, the Court must satisfy itself that they are
foreseeable for those concerned and pursue a legitimate aim. However,
unlike the position with respect to Articles 8 to 11 of the Convention, it is
not bound by an exhaustive list of “legitimate aims” under Article 2 of
Protocol No. 1 (see, mutatis mutandis, Podkolzina v. Latvia, no. 46726/99,
§ 36, ECHR 2002-II). Furthermore, a limitation will only be compatible
with Article 2 of Protocol No. 1 if there is a reasonable relationship of
proportionality between the means employed and the aim sought to be
achieved (Leyla Şahin, cited above, § 154). Although the final decision as to
the observance of the Convention’s requirements rests with the Court, the
Contracting States enjoy a certain margin of appreciation in this sphere.
This margin of appreciation increases with the level of education, in inverse
proportion to the importance of that education for those concerned and for
society at large (see Ponomaryovi v. Bulgaria, no. 5335/05, § 56, ECHR
2011).
2. Whether there has been a violation of the applicants’ right to
education in the present case
141. The Court notes that neither of the respondent Governments have
challenged the applicants’ allegations about the closure of the schools.
Indeed, the core events of 2002 and 2004 were monitored and documented
by a number of international organisations, including the OSCE (see
paragraph 66 above). The applicants further complain that, although the
schools were subsequently allowed to reopen, their buildings were
commandeered by the “MRT” authorities and they had to move to new
premises which were less well equipped and less conveniently situated. The
applicants contend that they were subjected to a systematic campaign of
harassment and intimidation by representatives of the “MRT” regime and
private individuals. The children were verbally abused on their way to
school and stopped and searched by the “MRT” police and border guards,
who confiscated Latin script books when they found them. In addition, the
two schools located in “MRT”-controlled territory were the target of
repeated acts of vandalism. The applicants submitted that the alternative, for
parents and children from the Moldovan community, was either to suffer
this harassment or change to a school where teaching was carried out in
Russian, Ukrainian or “Moldavian”, that is, Moldovan/Romanian written in
the Cyrillic script. “Moldavian” was not a language used or recognised
anywhere else in the world, although it had been one of the official
languages in Moldova in Soviet times. This meant that the only teaching