"RELATING TO CERTAIN ASPECTS OF THE LAWS ON THE USE OF LANGUAGES
IN EDUCATION IN BELGIUM" v. BELGIUM (MERITS) JUDGMENT
35
its principal argument was that the Articles were totally inapplicable (cf.
supra), it presented several subsidiary arguments.
Concerning Article 2 of the Protocol (P1-2) and Article 8 (art. 8) of the
Convention, the Belgian Government in substance observed that the
inconveniences resulting from the system in dispute had been overestimated by the Applicants. The interests involved are those of "a small
minority of the Belgian people".
Furthermore there is "nothing
catastrophic" in the possible sending of a French-speaking pupil to a Dutchlanguage school. He will thus have the opportunity of becoming "perfectly
bilingual"; the best solution of the linguistic problem in Belgium lies in
bilingualism. Besides, there exist in Flanders private schools where
education is conducted in French; it is true that they enjoy "fewer
advantages" and in particular they do not receive subsidies but the cost
falling upon parents is in no way ruinous, the more so in that the Applicants
are said to be comfortably off financially. For the same reasons, the
expenses inherent in "scholastic emigration" are "not in the least
prohibitive"; the distances to be covered do not exceed a few kilometres or
dozens of kilometres and the exceptional frequency of the Belgian railway
system allows journeys to be accomplished quickly.
The differential treatment of which the Applicants complain does not in
any way amount to discrimination contrary to Article 14 (art. 14) of the
Convention. The legislation which has been criticised ensures "a strict
parallelism between the regulations for the Dutch-speaking and Frenchspeaking areas". Furthermore, it was passed by very large majorities of
chambers elected by universal suffrage. In spite of some "inevitable
imperfections", it represents a democratic compromise between "values of
liberty and social values". The Belgian Parliament in no way seeks the
"liquidation" of French-speaking minorities in Flanders. In reality it
succeeded in its attempt to exorcise "the grave national crises" caused by
"Flemish separatism" (1932 Acts) and Flemish and Walloon federalism (Act
of 24th July 1961 and 1963 Acts), to rehabilitate "Flemish language and
Flemish culture" by developing an "intelligentsia with a good knowledge of
Dutch", able to play a formative rôle and, in a more general sense, to give to
the country a stable structure based mainly on two large homogeneous
regions and a bilingual capital. More especially the Act of 24th July 1961,
which suppressed the linguistic part of the population census - the accuracy
of which gave rise to discussion - aimed at avoiding the hurling of the two
communities "periodically into a confrontation so bitter as to be an
undoubted political danger". Such aims are in no way arbitrary or
discriminatory. Indeed the whole of the Belgian language legislation may
be analysed as a "refusal to discriminate".
The Belgian Government returned to some of those arguments before the
Court but without pressing them strongly; it observed that its thesis