"RELATING TO CERTAIN ASPECTS OF THE LAWS ON THE USE OF LANGUAGES IN EDUCATION IN BELGIUM" v. BELGIUM (MERITS) JUDGMENT 63 precisely in ensuring in Flanders the formation of Dutch-speaking élites? The problems that arise in this matter are "problems of degree" and "how far those exceptions should be extended is a question not of law but of policy". The opinion of the Commission is somewhat "illogical and paradoxical" as the violation found by the majority "would disappear if the Belgian State simply withdrew the concessions" mentioned above. 31. Confirming before the Court the opinion expressed in its Report, the Commission begins by observing that Article 2 of the Protocol (P1-2), taken in isolation, "does not oblige the Belgian State to admit the Applicants’ children to French schools - official or private - exceptionally or temporarily organised or maintained in the Flemish region": being "free either to establish or subsidise schools or to refrain from doing so", the State may "regulate admission to such schools as it sees fit". Two members of the Commission reach the same conclusion by different reasoning while three others consider it "incompatible with the first sentence of Article 2 (P1-2) (...) that the Belgian State should not allow French-speaking persons resident either in the unilingual Flemish region or in the area of the Brussels linguistic boundary to send their children to French schools in the vicinity". The Commission draws the Court’s attention to these various individual opinions. Although "the exclusion of the Applicants’ children" does not seem to it to be founded "on technical or administrative considerations", the Commission does not, even so, consider that "this constitutes a violation of Article 8 (art. 8) of the Convention": if "the State, in spite of the compulsory schooling it had introduced, is not bound by the Convention to provide French education for French-speaking persons" in Flanders, "it follows that (...) it is not bound to open existing French schools to them or to subsidise French schools" which would admit "the Applicants’ children under conditions not laid down by the linguistic legislation". The Commission finally considers the question of whether or not Section 7 in fine of the Act of 30th July 1963 and Section 7 § 3-B of the Act of 2nd August 1963, on the point under consideration, comply with Article 2 of the Protocol and Article 8 of the Convention, this time read in conjunction with Article 14 (art. 14+P1-2, art. 14+8). Its answer is negative as regards Article 8 (art. 8) of the Convention and the second sentence of Article 2 of the Protocol (P1-2) but affirmative with respect to the first sentence of Article 2 (P1-2). The two provisions impugned by the Applicants seem to the Commission to figure among those which reflect a wish to assimilate minorities against their will into the sphere of the regional language. Not all of the inequalities of treatment created by Section 7 in fine of the Act of 30th July 1963, however, amount to discrimination. The two exceptions made in favour of certain foreign children, and the children of "professors, students and employees of the University" of Louvain are justified, in the first case, by the rules of international courtesy, and in the second by the

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