"RELATING TO CERTAIN ASPECTS OF THE LAWS ON THE USE OF LANGUAGES IN EDUCATION IN BELGIUM" v. BELGIUM (MERITS) JUDGMENT 61 financial reasons and action aiming at the "expulsion" of the French section to Wallonia is now being pursued. The Applicants furthermore emphasise that at Louvain and Heverlee there formerly existed a series of French classes including transmutation classes. The entry into force of the Act of 30th July 1963 brought about the disappearance of the majority of these classes. As for those which remain, they are of a precarious and revocable nature since Section 7 paragraph 2 of the Act of 30th July 1963 is of a permissive not mandatory character ("exceptions may be made"). The signatories of Application No. 1994/63 reproach the Belgian legislature for preventing them from enrolling their children in the classes which remained. They declare that they are almost all resident at Louvain, Heverlee or in other communes in the unilingual Flemish region, that they are not employees, students or professors at the Catholic University and that they are of Belgian nationality. They admit therefore that they do not comply with the various requirements laid down in Section 7 in fine of the Act of 30th July 1963. The language inspectorate carefully verifies the fulfilment of these conditions; one of the Applicants had personal experience of this. Consequently, Section 7 in fine of the Act of 30th July 1963 runs counter to the "wishes of the Applicants" from Louvain, "to give their children a French education". It brings about a situation "all the more open to criticism since the Applicants" use "the French language" exclusively or principally, and since "they live in a region with a large French-speaking minority where a French school still exists to which they are denied access". This last circumstance shows that it matters little, in this case, whether or not Article 2 of the Protocol (P1-2) creates a positive obligation. In order to give their children the opportunity of pursuing their education in French, the Applicants are obliged either to engage in "scholastic emigration" or to leave Louvain; the result is an infraction of the rights guaranteed by Article 8 (art. 8) of the Convention. By opening French classes at Louvain and Heverlee to certain foreign children and to those of the employees, students and professors of the University, the legislature has established "schools for castes and privileged persons". In general, Section 7 in fine of the Act of 30th July 1963 introduces a series of discriminations based not only on residence but also on sex (Institut du Sacré-Coeur at Heverlee), language, belonging to a national or linguistic minority, nationality and profession. The Antwerp and Ghent Applicants (Applications Nos. 1691/62 and 1769/63) likewise complain that they cannot send their children to the French classes in the Louvain urban area. The residence condition to which Section 7 § 3-B of the Act of 2nd August 1963 subordinates admission to French classes in the six communes enjoying "a special status" is likewise incompatible with the Convention and the Protocol. It is true that it in no way prejudices the signatories of Application No. 1677/62 since they live at Kraainem; the Commission and the Belgian Government have not failed to make this point. In fact these

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