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"RELATING TO CERTAIN ASPECTS OF THE LAWS ON THE USE OF LANGUAGES
IN EDUCATION IN BELGIUM" v. BELGIUM (MERITS) JUDGMENT
from so doing, the withdrawal of subsidies from schools which do not
satisfy the requirements to which the State subjects the grant of such
subsidies - in this case the condition that teaching should be conducted
exclusively in accordance with the linguistic legislation - does not come
within the scope of this Article (P1-2).
There is likewise no breach of Article 8 (art. 8) of the Convention for the
same reasons as were explained above in the reply to the first question.
Nor does the Court find any violation of Article 2 of the Protocol and of
Article 8 of the Convention, read in conjunction with Article 14 (art. 14+P12, art. 14+8).
The Court has already stated, with respect to the first question, that
measures which tend to ensure that, in the unilingual regions, the teaching
language of official or subsidised schools should be exclusively that of the
region, are not arbitrary and therefore not discriminatory. These measures
do not prevent French-speaking parents who wish to provide a French
education for their children from doing so, either in non-subsidised private
schools, or in schools in the French unilingual region or in the Greater
Brussels District.
The legislation to which the first question has reference does not permit
the establishment or functioning, in the Dutch unilingual region, of official
or subsidised schools providing education in French. The legislation with
which the second question is concerned goes further; by the total
withdrawal of subsidies, it makes it impossible, in the same region, for
teaching in French to be conducted as a secondary activity by a subsidised
Dutch-language school.
The Commission has emphasised that such a withdrawal "bears hard on
the French-speaking children" in Flanders, particularly since the majority of
the schools in Flanders which provided education in French were "mixedlanguage" schools.
However, while recognising that this is a harsh measure, the Court
cannot share the Commission’s opinion that such a hardship is forbidden by
a joint reading of the first sentence of Article 2 of the Protocol (P1-2) and
Article 14 (art. 14) of the Convention. This opinion could be accepted only
if the "hardship" were to amount to a distinction in treatment of an arbitrary
and therefore discriminatory nature. The Court has, however, found that,
whatever their severity, the legal or administrative provisions touched on by
the first question are based on objective criteria. The same is true of the
measure here in question. Its purpose is to avoid the possibility of
education which the State does not wish to subsidise - for reasons which are
completely compatible with Article 2 of the Protocol (P1-2) and Articles 8
and 14 (art. 8, art. 14) of the Convention - benefiting, in some way or
another, from subsidies destined for education which is in conformity with
the linguistic legislation. This purpose is plausible in itself and it is not for
the Court to determine whether it is possible to realise it in another way.