JUDGMENT No. 12.-UPPER SILESIA (MINORITY SCHOOLS) 41 what is to be understood as a person's tongue is not always clear and beyond doubt ; particularly when a child reaching the school age is concerned, it is no doubt proper not exclusively to take into account the language which the child generally employs if the parents employ another language to satisfy their cultural requirements and if it is that language which they by preference consider as their own. What has just been stated is particularly true as regards Upper Silesia, considering the very special conditions which, according to the information supplied in the course of the proceedings, appear to exist there from a linguistic point of view. The German contention raises yet another question : namely whether, according to the Convention, the admission of a pupil or child to the minority schools (classes or courses) depends upon a declaration in accordance with Article 131. In this connection the Court observes that it seems to be beyond doubt that Article 69 does not imply an obligation for the States in question to grant "appropriate facilities" for instruction in the language of the minority to be given in public primary schools to other pupils or children than those whose language is that of the minority. But, according to what has been stated above in regard to the relations between the provisions of Division 1 and those of Division II, it would be unreasonable to construe these stipulations of the article in question as being opposed to an extension by the Convention of the participation in the same advantages to other pupils and children. The question therefore is whether the Convention has provided for such an extension. The President of the Mixed Commission considered that it was necessary to distinguish between, on the one hand, requests for the purpose of establishing a minority school or courses in a minority language-with regard to which Articles 106 and 107 laid down certain rules-and, on the other hand, simple requests for the admission of a pupil to an existing minority school. The latter, with regard to which the Convention has not laid down any rules, are not, according to him, subject to any formality or any condition, with regard to language. The basis of this construction appears in the first place to be the "subjective principle" which, according to the German Government, was laid down by Articles 74 and 131, but which