"RELATING TO CERTAIN ASPECTS OF THE LAWS ON THE USE OF LANGUAGES
IN EDUCATION IN BELGIUM" v. BELGIUM (MERITS) JUDGMENT
31
version ("without discrimination"). In addition, and in particular, one would
reach absurd results were one to give Article 14 (art. 14) an interpretation as
wide as that which the French version seems to imply. One would, in
effect, be led to judge as contrary to the Convention every one of the many
legal or administrative provisions which do not secure to everyone complete
equality of treatment in the enjoyment of the rights and freedoms
recognised. The competent national authorities are frequently confronted
with situations and problems which, on account of differences inherent
therein, call for different legal solutions; moreover, certain legal inequalities
tend only to correct factual inequalities. The extensive interpretation
mentioned above cannot consequently be accepted.
It is important, then, to look for the criteria which enable a determination
to be made as to whether or not a given difference in treatment, concerning
of course the exercise of one of the rights and freedoms set forth,
contravenes Article 14 (art. 14). On this question the Court, following the
principles which may be extracted from the legal practice of a large number
of democratic States, holds that the principle of equality of treatment is
violated if the distinction has no objective and reasonable justification. The
existence of such a justification must be assessed in relation to the aim and
effects of the measure under consideration, regard being had to the
principles which normally prevail in democratic societies. A difference of
treatment in the exercise of a right laid down in the Convention must not
only pursue a legitimate aim: Article 14 (art. 14) is likewise violated when it
is clearly established that there is no reasonable relationship of
proportionality between the means employed and the aim sought to be
realised.
In attempting to find out in a given case, whether or not there has been an
arbitrary distinction, the Court cannot disregard those legal and factual
features which characterise the life of the society in the State which, as a
Contracting Party, has to answer for the measure in dispute. In so doing it
cannot assume the rôle of the competent national authorities, for it would
thereby lose sight of the subsidiary nature of the international machinery of
collective enforcement established by the Convention. The national
authorities remain free to choose the measures which they consider
appropriate in those matters which are governed by the Convention.
Review by the Court concerns only the conformity of these measures with
the requirements of the Convention.
11. In the present case the Court notes that Article 14, even when read in
conjunction with Article 2 of the Protocol (Art. 14+P1-2), does not have the
effect of guaranteeing to a child or to his parent the right to obtain
instruction in a language of his choice. The object of these two Articles (art.
14+P1-2), read in conjunction, is more limited: it is to ensure that the right
to education shall be secured by each Contracting Party to everyone within
its jurisdiction without discrimination on the ground, for instance, of