12
"RELATING TO CERTAIN ASPECTS OF THE LAWS ON THE USE OF LANGUAGES
IN EDUCATION IN BELGIUM" v. BELGIUM (MERITS) JUDGMENT
language; teaching of the second national language was to be compulsory
(Sections 5, 6, 12, 13, 18, 19 and 22). The Act of 28th June 1932 on the use
of languages in administrative matters, referred to in Section 21 of the Act
of 14th July 1932, defined the Brussels urban area in Section 2 paragraph 5.
Each head of family was required to make a declaration stating his
children’s maternal or usual language in so far as that determined which
system was applicable, but the correctness of the declaration might be
subject to verification (Sections 7 and 20 of the Act of 14th July 1932).
The Act of 14th July 1932 (Section 28), supplemented by Section 13 of
an Act of 27th July 1955 and by Section 24 of an Act of 29th May 1959
("schooling agreement"), introduced a penalty for non-observance of the
Act: the refusal or withdrawal, as the case may be, of the school subsidies.
Another penalty was introduced by the Act of 15th July 1932 on the
conferring of academic degrees (cf. infra).
The State refused to
"homologate" leaving certificates issued by establishments which did not
fully conform to the language laws on education. Pupils whose leaving
certificates were not admissible for homologation could still obtain a legally
recognised degree by taking an examination before the "Central Board".
13. Section 22 of the Act of 14th July 1932 laid down that "in every
commune where the decennial census" establishes that "more than 20 % of
the population habitually speaks a language other than that of the region, the
teaching of this second language" may "begin in the second grade", "if the
communes or the managers of adopted or adoptable schools" so "decide".
For its part, the Act of 28th June 1932 on the use of languages in
administrative matters provided in Section 3 (1) that:
"Subject to the provisions of Section 2 with regard to the communes of the Brussels
area, communes in which the last decennial census showed a majority of the
inhabitants usually speaking a language different from that of the language group to
which they are attached by virtue of Section 1 shall adopt the language of the said
majority in their internal services and correspondence."
After 1846, a general census of the population took place periodically in
Belgium (Royal Decree of 30th June 1846, Act of 2nd June 1856, Royal
Decree of 5th July 1866, Act of 25th May 1880); under a Ministerial Decree
of 18th November 1880 its purpose was to ascertain not only the number,
sex and age of the inhabitants of the Kingdom, but also their language.
The last language census was in 1947. Although it revealed a certain
percentage of French-speaking persons in the Flemish provinces (paragraph
349 of the Report), it also showed that the number of Flemish-speaking
Belgians was increasing but that a large number of French-speaking
Belgians had settled in the Flemish area, especially around Brussels. This
dual tendency which seems to have become more marked since then
provoked a serious reaction; the Walloons charged the Flemings with
"demographic imperialism", and the Flemings charged the Walloons with