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"RELATING TO CERTAIN ASPECTS OF THE LAWS ON THE USE OF LANGUAGES
IN EDUCATION IN BELGIUM" v. BELGIUM (MERITS) JUDGMENT
Consequently, the cultural and linguistic preferences of parents are in no
way comprised within "religious and philosophical convictions" so that the
second sentence of Article 2 (P1-2) does not safeguard "the right of parents
to have their children taught in the language of their choice". Here too
Article 17 of the Belgian Constitution shows itself more generous for it
"proclaims the freedom of all education without distinguishing between the
motives or convictions that might inspire such education".
According to the Commission which confirmed before the Court the
unanimous opinion it had expressed on this matter in its Report, the second
sentence of Article 2 of the Protocol (P1-2) does not impose upon States
"respect for preferences or opinions in cultural or linguistic matters".
Without seeking a definition of the terms "religious and philosophical" in
the case, the Commission notes that the draft of the Committee of Experts
"at a certain point" in the "preparatory work" made provision only for "the
protection of religious opinions but that philosophical opinions were added
in order to cover agnostic opinions". It also emphasises that the "Danish
Delegation proposed that the text should state the right of parents to send
their children to recognised schools where the language of instruction was
not that of the country in question"; however "this proposal, for which there
was no majority support, was withdrawn". In December 1951 two members
of the Consultative Assembly also suggested that "language rights should be
recognised", but "no action was taken on these suggestions". Consequently
the second sentence of Article 2 (P1-2) does not enshrine "the right of
parents to have their children educated in the language of their choice in the
sense that the State, in assuming educational functions by the establishment
of schools, shall be obliged to take into account parents’ preferences for a
particular language".
3. Article 8 (art. 8) of the Convention is worded as follows:
"(1) Everyone has the right to respect for his private and family life, his home and
his correspondence.
(2) There shall be no interference by a public authority with the exercise of this right
except such as is in accordance with the law and is necessary in a democratic society
in the interests of national security, public safety or the economic well-being of the
country, for the prevention of disorder or crime, for the protection of health or morals,
or for the protection of the rights and freedoms of others."
The Applicants, in particular those of Antwerp, Ghent and Vilvorde,
have stated before the Commission how they interpret the notion of "respect
for private and family life". In their opinion it implies "the absence of any
measure of compulsion concerning the family" and the "legal protection due
to the family". The head of the family has inter alia the right to choose as
he pleases the language in which his children shall be educated and, if such
be the case, the second language which they shall study; he has also the
right to maintain the homogeneity and the integrity of the home, including