50
"RELATING TO CERTAIN ASPECTS OF THE LAWS ON THE USE OF LANGUAGES
IN EDUCATION IN BELGIUM" v. BELGIUM (MERITS) JUDGMENT
depersonalisation and that the Belgian Parliament is certainly not seeking
the "Flemish reconquest" of the environs of Brussels.
Before the Court, the Belgian Government spent little time on this
question; it referred expressly to the opinion of the majority of the
Commission.
18. The Commission, for its part, considers that the "special status"
defined in Section 7 (3) of the Act of 2nd August 1963 does not conflict
with the requirements of the Convention or the Protocol. It confirmed
before the Court the opinion expressed by it on this question in its Report.
Being of the opinion that the Applications "should be declared illfounded" in so far as they are based on Article 2 of the Protocol (P1-2) (cf.
supra) the Commission does not consider it to be necessary to examine the
"particular circumstances which distinguish the Applications from one
another", or the differences "between the 1932 legislation and that of 1963".
It points out, nevertheless, that by virtue of the Act of 2nd August 1963,
"the Kraainem Applicants may obtain education in French for their children,
at least at the primary level".
As far as concerns Article 8 (art. 8) of the Convention, the Applicants
have no complaint to make of any "State interference in private and family
life" since secondary education does not have to be taken into account in
this respect (cf. supra) and since Kraainem has, at this very moment,
primary school classes in French. They give "no details" on the question of
the "reticence" for which they reproach the local authorities and, above all,
do not assert that "their children cannot receive a French education on the
spot". Moreover, "in principle" they have "nothing to fear" from linguistic
control if they are all truly French-speaking; in the event of "one of them"
considering himself "the victim of a wrong decision by the language
inspectorate, domestic remedies are open to him". The complaint based on
the intensive teaching of Dutch in the French schools at Kraainem is also
unjustified: the Commission finds it "natural that a bilingual State such as
Belgium should take steps, especially in bilingual areas, to ensure that its
inhabitants know the country’s two languages"; "at the most one might",
according to the Commission, "find it surprising that, in the Dutch schools"
in Kraainem, "the teaching of French is optional". The obligation to learn
"the second language of the country" is not an "attack" on the "pupils
personality and private life": "general education is given in French" and
parents in most cases have "the means to ensure that their children acquire a
good knowledge of their maternal language". "In any event", the Applicants
have not "informed the Commission of any case in which there is no such
possibility".
The Commission finally examines the question as to whether, on the
point under consideration, there is a violation of Article 14 of the
Convention, in conjunction with Article 2 of the Protocol (art. 14+P1-2) or
Article 8 (art. 14+8) of the Convention. Certain rules relating to the status