"RELATING TO CERTAIN ASPECTS OF THE LAWS ON THE USE OF LANGUAGES
IN EDUCATION IN BELGIUM" v. BELGIUM (MERITS) JUDGMENT
41
with the first sentence of Article 2 of the Protocol (art. 14+P1-2) or with
Article 8 (art. 14+8) of the Convention.
B. As to the second question
8. The second question concerns the issue of whether or not in the case
of the Applicants, there is a violation of Article 2 of the Protocol (P1-2) and
of Articles 8 and 14 (art. 8, art. 14) of the Convention, or of any of those
Articles,
"in so far as the Acts of 1963 result in the complete withdrawal of subsidies from
provincial, commune or private schools providing, in the form of non-subsidised
classes and in addition to the instruction given in the language prescribed by the
linguistic Acts, full or partial instruction in another language".
1. The Facts
9. By a circular of 9th August 1963, the Minister of National Education
and Culture drew the attention of "heads of educational establishments"
which comprised so-termed "transmutation classes" to the fact that by
reason of the Act of 30th July 1963, they must "proceed as from 1st
September 1963, to the suppression of all nursery classes (whether the
language employed is Dutch or French) and of the first year of primary
education (whether the language employed is Dutch or French)", "the other
years" having to be "suppressed progressively year by year" and "no new
pupils" being permitted to be "enrolled in these classes".
A ministerial circular of 29th August 1963 supplementing the preceding
one and intended for "the organising authorities of independent educational
establishments", stated the following:
"(...) In accordance with the declaration made during the debate on the Bill
concerning the language regulations in education, subsidies will be withdrawn from
schools which maintain, as unsubsidised classes, transmutation classes which must by
law be abolished.
If a school continues to provide nursery classes, or first-year primary school classes
in a language other than that of the region, subsidies will be suspended in respect of
the entire establishment."
These circulars would seem to be based on Section 1 of the Act of 30th
July 1963 in conjunction with Section 4. Section 1 states that "official
nursery, primary and secondary schools, teacher’s training, technical and
artistic colleges and special educational establishments and similar private
establishments subsidised or recognised by the State, shall be subject to the
provisions of this Act". As regards Section 4, it provides, inter alia, that
"the medium of education is Dutch in the Dutch-speaking region" and
"French in the French-speaking region".