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

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