CATAN AND OTHERS v. MOLDOVA AND RUSSIA JUDGMENT
51
materials available to “Moldavian” schools in modern-day Transdniestria
dated back to Soviet times. There were no “Moldavian” language colleges
or universities, so children from such schools who wished to pursue higher
education had to learn a new alphabet or language.
142. While it is difficult for the Court to establish in detail the facts
relating to the applicants’ experiences following the reopening of the
schools, it nonetheless notes the following. First, Article 6 of the “MRT”
Law on Languages” was in force and the use of the Latin alphabet
constituted an offence in the “MRT” (see paragraph 43 above). Secondly, it
is clear that the schools had to move to new buildings, with the Alexandru
cel Bun School divided between three sites and pupils at the Ştefan cel Mare
School having to travel 40 kilometres each day. Thirdly, according to
figures provided by the Moldovan Government, the number of pupils
enrolled in the two schools still in “MRT” controlled territory
approximately halved between 2007 and 2011 and there has also been a
significant reduction in children studying in Moldovan/Romanian
throughout Transdniestria. Although it appears that Transdniestria has an
ageing population and that Moldovans in particular are emigrating (see
paragraphs 8 and 42 above), the Court considers that the 50% attendance
drop at Evrica and Alexandru cel Bun Schools is too high to be explained
by demographic factors alone. For the Court, these uncontested facts serve
to corroborate the general thrust of the allegations contained in the 81
affidavits submitted by the applicant parents and pupils, describing the
constant harassment they suffered.
143. The schools were at all times registered with the Moldovan
Ministry of Education, using a curriculum set by that Ministry and
providing teaching in the first official language of Moldova. The Court
therefore considers that the forced closure of the schools, based on the
““MRT” Law on languages” (see paragraphs 43-44 above), and the
subsequent measures of harassment constituted interferences with the
applicant pupils’ rights of access to educational institutions existing at a
given time and to be educated in their national language (see paragraph 137
above). In addition, the Court considers that these measures amounted to an
interference with the applicant parents’ rights to ensure their children’s
education and teaching in accordance with their philosophical convictions.
As stated above, Article 2 of Protocol No. 1 must be read in the light of
Article 8 of the Convention, which safeguards the right to respect for private
and family life, inter alia. The applicant parents in this case wanted their
children to be educated in the official language of their country, which was
also their own mother tongue. Instead, they were placed in the invidious
position of having to choose, on the one hand, between sending their
children to schools where they would face the disadvantage of pursuing
their entire secondary education in a combination of language and alphabet
which they consider artificial and which is unrecognised anywhere else in