"RELATING TO CERTAIN ASPECTS OF THE LAWS ON THE USE OF LANGUAGES
IN EDUCATION IN BELGIUM" v. BELGIUM (MERITS) JUDGMENT
57
Nor does the Court find, on the point under consideration, any
discrimination contrary to Article 14 of the Convention, read in conjunction
with the first sentence of Article 2 of the Protocol (art. 14+P1-2) or with
Article 8 (art. 14+8) of the Convention; such discrimination has not, in any
case, been shown by the Applicants.
In its memorial of 16th December 1965, the Commission drew the
attention of the Court to the fact that where there exists a dual system of
official or subsidised education, as for instance at Brussels, parents are not
free to choose between French and Dutch as the language of education for
their children. In the present case, this question assumes a theoretical
character since the Applicants declare themselves to be French-speaking
and wish their children to be educated in French; indeed the Commission
has not failed to point out this fact. The Court cannot settle a problem
which does not arise in the present case.
E. As to the fifth question
26. The fifth question concerns the issue as to whether or not, in the case
of the Applicants, there is a violation of Article 2 of the Protocol (P1-2) or
of Articles 8 and 14 (art. 8, art. 14) of the Convention, or of any of those
Articles,
"in so far as Section 7, last paragraph, of the Act of 30th July 1963 and Section 7,
third paragraph, of the Act of 2nd August 1963 prevent certain children, solely on the
basis of their parents’ place of residence, from attending French-language schools at
Louvain and in the six communes" on the outskirts of Brussels which enjoy a "special
status", including Kraainem."
1. The Facts
27. Under Section 7, second paragraph in fine, of the Act of 30th July
1963, a motivated Royal Decree, after deliberation in the Council of
Ministers and being published in full in the "Official Gazette", may provide
for exceptions to the provisions of Section 4 - which concerns the unilingual
regions - in respect of:
"Special teaching classes, technical education classes which are at present in
existence, and secondary school classes which are at present in existence, serving as
teacher-training for a university and which are situated in the same urban area as such
university. Such classes shall be open only to children whose maternal or usual
language is not the language taught in the region in which the school is situated, and
where the head of the family resides outside such region or is covered by the special
regime provided for in Section 40 of the Act on the use of language in administrative
matters; they are also open to children of foreign nationality, where the head of the
family belongs to an organisation set up under international law, an embassy, legation
or consulate."