28
"RELATING TO CERTAIN ASPECTS OF THE LAWS ON THE USE OF LANGUAGES
IN EDUCATION IN BELGIUM" v. BELGIUM (MERITS) JUDGMENT
To determine the scope of the "right to education", within the meaning of
the first sentence of Article 2 of the Protocol (P1-2), the Court must bear in
mind the aim of this provision. It notes in this context that all member
States of the Council of Europe possessed, at the time of the opening of the
Protocol to their signature, and still do possess, a general and official
educational system. There neither was, nor is now, therefore, any question
of requiring each State to establish such a system, but merely of
guaranteeing to persons subject to the jurisdiction of the Contracting Parties
the right, in principle, to avail themselves of the means of instruction
existing at a given time.
The Convention lays down no specific obligations concerning the extent
of these means and the manner of their organisation or subsidisation. In
particular the first sentence of Article 2 (P1-2) does not specify the language
in which education must be conducted in order that the right to education
should be respected. It does not contain precise provisions similar to those
which appear in Articles 5 (2) and 6 (3) (a) and (e) (art. 5-2, art. 6-3-a, art.
6-3-e). However the right to education would be meaningless if it did not
imply in favour of its beneficiaries, the right to be educated in the national
language or in one of the national languages, as the case may be.
4. The first sentence of Article 2 of the Protocol (P1-2) consequently
guarantees, in the first place, a right of access to educational institutions
existing at a given time, but such access constitutes only a part of the right
to education. For the "right to education" to be effective, it is further
necessary that, inter alia, the individual who is the beneficiary should have
the possibility of drawing profit from the education received, that is to say,
the right to obtain, in conformity with the rules in force in each State, and in
one form or another, official recognition of the studies which he has
completed. The Court will deal with this matter in greater detail when it
examines the last of the six specific questions listed in the submissions of
those who appeared before it.
5. The right to education guaranteed by the first sentence of Article 2 of
the Protocol (P1-2) by its very nature calls for regulation by the State,
regulation which may vary in time and place according to the needs and
resources of the community and of individuals. It goes without saying that
such regulation must never injure the substance of the right to education nor
conflict with other rights enshrined in the Convention.
The Court considers that the general aim set for themselves by the
Contracting Parties through the medium of the European Convention on
Human Rights, was to provide effective protection of fundamental human
rights, and this, without doubt not only because of the historical context in
which the Convention was concluded, but also of the social and technical
developments in our age which offer to States considerable possibilities for
regulating the exercise of these rights. The Convention therefore implies a
just balance between the protection of the general interest of the Community