"RELATING TO CERTAIN ASPECTS OF THE LAWS ON THE USE OF LANGUAGES
IN EDUCATION IN BELGIUM" v. BELGIUM (MERITS) JUDGMENT
37
of its language" which is "one of the national languages of Belgium". It
may no doubt happen that "children may encounter serious difficulty in
learning Dutch and that their parents may be totally ignorant of the
language", but the Applicants have not cited "any case of this kind". Two
members of the Commission are of the opinion that "the legislation in
dispute" has "effects contrary to Article 8 (art. 8)", but "the Commission has
not sufficient information to be able to judge in concreto whether the
Applicants, or some of them at least, are victims of these effects"; the
Commission draws the attention of the Court to their dissenting opinions.
Finally, the Commission seeks to determine whether, on the point under
consideration, there is a violation of Article 14 of the Convention, read in
conjunction with Article 2 of the Protocol (art. 14+P1-2) or Article 8 (art.
14+8) of the Convention. After emphasising that "a language system for
education, organised on a territorial basis", is not necessarily contrary to the
Convention, as it "might be justified" by "administrative, financial or other
considerations", it examines in detail the legislation criticised by the
Applicants with a view to discovering its "general effect". In its view, this
study shows that the legislation in dispute "has neither the object nor the
effect of ensuring the qualifications thought necessary for the exercise of
certain functions or professions, nor indeed of ensuring linguistic
knowledge". It proves also that "the language reforms" aimed "initially at
removing the abuses which had occurred in the nineteenth century under the
system of absolute linguistic freedom, the whole brunt of which had been
borne by the Dutch-speaking population", but that the Acts of 1932 and
1963 had "reversed the position". "The parallelism established between the
Flemish and Walloon regions" is "not complete, at least under the 1963
Acts"; further still it operates in practice "against French-speaking people
living in the Flemish region" while "it hardly affects the Flemish population
of Wallonia". "In so far as it is real" it further has the effect of "introducing
distinctions in each of the two regions" which "are not affected by their
reciprocal character". "The loopholes provided for the French-speaking
population", in particular scholastic emigration, entail "inconvenience and
dangers" which make them "ineffective". "What is more, certain provisions
in the Acts concerned" exceed their official purpose: "they can only be
explained by a desire to halt the spread of the French language in the
Flemish zone", indeed to assimilate the "French-speaking population of
Flanders", against their will, "into the sphere of the language of the region".
Although "The Commission readily understands the attachment of the
Flemish population to their language and culture and their desire to preserve
and develop them", and although "a policy which reflects such aspirations
therefore appears quite legitimate in itself", it cannot consequently "find it
illegitimate that French-speaking people living in Flanders should seek to
protect their own language" which "has been established there for
centuries". Without disputing the fact that the Belgian Government is