"RELATING TO CERTAIN ASPECTS OF THE LAWS ON THE USE OF LANGUAGES
IN EDUCATION IN BELGIUM" v. BELGIUM (MERITS) JUDGMENT
33
A. As to the first question
2. The first question concerns the laws on the use of languages in
education in the regions considered by the law as being unilingual, except
for two aspects which are dealt with under the second and sixth questions.
It relates, more precisely, to whether or not in the case of the Applicants,
there is a violation of Article 2 of the Protocol (P1-2) and Articles 8 and 14
(art. 8, art. 14) of the Convention, or of any of those Articles :
"in so far as the Acts of 1932 prevented, and those of 1963 prevent, the
establishment or the subsidisation by the State, of schools not in conformity with the
general linguistic requirements".
3. On this point the facts of the case appear sufficiently from the general
outline of the Acts in issue which the Court has given above (pages 13-19).
1.
Arguments presented by the Applicants before or through the
Commission
4. According to the Applicants, the laws on the use of languages in
education in the unilingual regions infringe Article 2 of the Protocol (P1-2)
and Articles 8 and 14 (art. 8, art. 14) of the Convention.
The Acts of 1932 and 1963 do not, in the first place, comply with the two
sentences of Article 2 of the Protocol (P1-2). The Belgian State denies the
children of the Applicants a complete education in their maternal language.
This refusal is made even more rigid since the Act of 30th July 1963 has, in
spite of the increase in the French-speaking population, brought about the
progressive abolition of transmutation classes and special language classes
which in the view of the Applicants constituted "a lesser evil". The parents’
linguistic aspirations are moreover disregarded; primary education being
compulsory, many of the Applicants are obliged, in practice, to send their
children to schools where the teaching is given in Dutch. Admittedly, the
legislation under attack does not prohibit children from pursuing their
studies in French but the loopholes open to them are utopian and illusory. It
is beyond the power of the Applicants to have their children taught at home.
As for sending them to Brussels, Wallonia or abroad, there are material and
moral obstacles to this solution which are often insuperable. Lastly, the
establishment of private French-language schools in Flanders likewise
offers only a rather theoretical remedy by reason of the high costs resulting
from the absence of subsidies.
The complaints founded on Article 8 (art. 8) of the Convention are
essentially based on the same facts. The Belgian legislation on the use of
languages threatens the children’s intellectual and emotional development,
prevents the head of the family from deciding in what language his children
shall be taught, and interferes with the unity of the family by making the
Applicants send their children either to local schools where teaching is