CATAN AND OTHERS v. MOLDOVA AND RUSSIA JUDGMENT SEPARATE OPINIONS
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in their education, not experienced by the members of the other
communities in Transdniestria, namely Russians and Ukrainians. Again, this
argument merited separate examination in our opinion.
14. We are all aware that language is the essential vehicle for education,
the latter being the key to socialisation. This was aptly pointed out by the
1960 United Nations Convention against Discrimination in Education and
by the International Convention on the Elimination of All Forms of Racial
Discrimination of 21 December 1965 (Article 5 (e) (v)). Conversely,
language barriers are liable to place pupils in a position of inferiority and
hence, in some cases, of exclusion. The Council of Europe’s 1982 report
entitled: “Prevention of juvenile delinquency: the role of institutions of
socialisation in a changing society”1 highlights the fundamental role played
by school, which can be a factor not only in promoting but also in hindering
integration.
15. In the social and political context of this case, we therefore consider
that there was no objective and reasonable justification, within the meaning
of our Court’s case-law, for the difference in treatment to which the pupils
were subjected and its potential consequences. This leads us to conclude
that there has been a violation of Article 14 of the Convention.
1. European Committee on Crime Problems, Prevention of juvenile delinquency: the role
of institutions of socialisation in a changing society, Strasbourg, Council of Europe, 1982.