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"RELATING TO CERTAIN ASPECTS OF THE LAWS ON THE USE OF LANGUAGES
IN EDUCATION IN BELGIUM" v. BELGIUM (MERITS) JUDGMENT
coincided for the most part, on the question under consideration, with the
opinion of the Commission to which it expressly referred.
6. The Commission is of the view that the laws on the use of languages in
education in the unilingual regions do not conflict with the requirements of
the Convention and Protocol; before the Court it confirmed the opinion
expressed by the majority on this point in the Report.
The absence of any violation of Article 2 of the Protocol (P1-2) follows,
in the view of the Commission (cf. supra), from the fact that the first
sentence of this provision obliges States neither to establish nor to subsidise
any teaching whatsoever (seven votes against five) and that the second does
not safeguard respect for the cultural or linguistic preferences of parents
(unanimity). The Commission recalls however that in the opinion of five of
its members, the first sentence of Article 2 (P1-2) gives rise to duties to take
positive steps. Two of these members nevertheless arrive at the same
conclusion as the majority; for the other three, however, "the refusal (...) to
organise or subsidise French education at the compulsory primary level in
the Flemish areas cannot be reconciled with Article 2 of the Protocol (P12)".
The laws on the use of languages in education in the unilingual regions
likewise do not disregard Article 8 (art. 8) of the Convention. Certainly it is
possible to imagine that they affect the "private and family life" of the
Applicants, causing it "grave and unjustified disturbances" (cf. supra). The
question arises however only in relation to primary education, which is the
only compulsory education in Belgium. Some of the various solutions open
to the Applicants, namely having their children taught at home, sending
them to school abroad, or sending them to a private school in Flanders
providing education in French, are out of the question for "the immense
majority of heads of families" by reason of their "high cost". There remain
therefore recourse to "scholastic emigration", and sending the children to a
Dutch-language school. Scholastic emigration - daily "commuting" or
boarding out - presents "very serious hardships", but these hardships are
"not dictated by the Act itself", "otherwise they would represent a violation
of Article 8 (art. 8)": they result from the "wishes of the parents" who are
able to "avoid them by enrolling their children in local Flemish-speaking
establishments". "The need to send children to a Flemish school" does not
constitute "an interference in private or family life". Although the abolition
of transmutation classes and special language classes (Act of 30th July
1963) seems "regrettable" in its view, the Commission thinks that "Frenchspeaking parents will generally have the opportunity to react in their homes
against the ‘depersonalisation’ or ‘flemicisation’ of their children", as the
pupils "will usually after a short transitional period, be able to follow with
profit the instruction they receive in Dutch" and the majority of parents
"will be able to supervise their children’s education": "it is difficult to
imagine that people living permanently in the region will be totally ignorant