64
"RELATING TO CERTAIN ASPECTS OF THE LAWS ON THE USE OF LANGUAGES
IN EDUCATION IN BELGIUM" v. BELGIUM (MERITS) JUDGMENT
"bilingual character" of the University. Neither does the Commission see
any discrimination "in the fact that the Institut du Sacré-Coeur at Heverlee
admits only girls, or in the concession extended there to children enrolled
for the school year 1962-1963" (Royal Decrees of 8th August 1963 and 30th
November 1966).
On the other hand, the Commission believes that Section 7 in fine of the
Act of 30th July 1963 is incompatible with the right to education as it is
jointly safeguarded by the first sentence of Article 2 of the Protocol (P1-2)
and Article 14 (art. 14) of the Convention, in so far as it closes the French
schools at Louvain and at Heverlee to the "Applicants’ children for the
reason that they live in the Flemish region" (opinion expressed by eight
votes to four). The position is the same as regards Section 7 of the Act of
2nd August 1963 in so far as paragraph 3-B excludes from the Frenchlanguage classes in the six communes enjoying a special status those
children whose parents do not reside within the communes, whereas the
Dutch-language classes in these same communes "are open", according to
paragraph 3-A, "subject to the availability of places", to "Dutch-speaking
children" living in the neighbourhood and, in particular, in Wallonia
(opinion expressed by seven votes to five).
The Commission does not believe that on this point it is "necessary to
distinguish between official and recognised private schools". The latter
would be "entitled" and "prepared" to "admit pupils without taking their
parents’ place of residence into consideration at all" but for the language
legislation and the risk of losing their right to State subsidies. As regards
the official schools, "one can of course conceive that they might be
reserved", "for administrative or financial reasons", "to children living in
one of the communes" where they exist. "The information supplied both by
the Applicants and by the Belgian Government", however, shows the
absence of such reasons. The "residence conditions" in question "can only
be explained by a desire to prevent", in the Flemish region, "the spread or
continuance of the French language and culture" if not to bring about even
the assimilation of "minorities into the language or their surroundings". This
intention is "particularly manifest in the case of the French schools at
Louvain and Heverlee" where they admit "children from Wallonia" even
though they refuse "the children of French-speaking persons living" on the
spot. Consequently, it "matters little that neither the Convention nor the
Protocol obliges the State to establish or subsidise any education
whatsoever": "in this case such education exists and, where it is private, it is
subsidised". The exclusion of the Applicants’ children is, on analysis, a
"hardship" and the Dutch-speaking children derive from it "no advantage".
Would the simple abolition of French-language classes at Louvain,
Heverlee, Drogenbos, Kraainem, Linkebeek, Rhode-St. Genèse, Wemmel
and Wezembeek-Oppem remove the discrimination in question? The
Commission does not think it need consider this possibility, one of the