"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