66
"RELATING TO CERTAIN ASPECTS OF THE LAWS ON THE USE OF LANGUAGES
IN EDUCATION IN BELGIUM" v. BELGIUM (MERITS) JUDGMENT
with the third question. It appears, indeed, from its first paragraph that the
six communes no longer form part of the Dutch unilingual region, but
constitute a "distinct administrative district" invested with its own "special
status". From this the second paragraph draws a first set of consequences: it
provides in substance that the six communes concerned enjoy a bilingual
system "in administrative matters". As to the third paragraph, the
compatibility of which with Articles 8 and 14 (art. 8, art. 14) of the
Convention and with Article 2 of the Protocol (P1-2) is contested by the
Applicants, it applies to "educational matters". It provides that the language
of instruction is Dutch in the six communes; it requires nevertheless, the
organisation, for the benefit of children whose maternal or usual language is
French, of official or subsidised education in French at the nursery and
primary levels, on condition that it is asked for by sixteen heads of family.
However, this education is not available to children whose parents live
outside the communes under consideration. The Dutch classes in the same
communes, on the other hand, in principle accept all children, whatever
their maternal or usual language and place of residence of their parents. The
residence condition affecting therefore only one of the two linguistic
groups, the Court is called upon to examine whether there results therefrom
a discrimination contrary to Article 14 of the Convention, read in
conjunction with the first sentence of Article 2 of the Protocol (art. 14+P12) or with Article 8 (art. 14+8) of the Convention.
Such a measure is not justified in the light of the requirements of the
Convention in that it involves elements of discriminatory treatment of
certain individuals, founded even more on language than on residence.
First, this measure is not applied uniformly to families speaking one or
the other national language. The Dutch-speaking children resident in the
French unilingual region, which incidentally is very near, have access to
Dutch-language schools in the six communes, whereas French-speaking
children living in the Dutch unilingual region are refused access to Frenchlanguage schools in those same communes. Likewise, the Dutch classes in
the six communes are open to Dutch-speaking children of the Dutch
unilingual region whereas the French classes in those communes are closed
to the French-speaking children of that region.
Such a situation, moreover, contrasts with that which arises from the
possibility of access to French-language schools in the Greater Brussels
District, which are open to French-speaking children irrespective of their
parents’ place of residence (Sections 5 and 19 of the Act of 30th July 1963).
It consequently appears that the residence condition is not imposed in the
interest of schools, for administrative or financial reasons: it proceeds
solely, in the case of the Applicants, from considerations relating to
language. Furthermore the measure in issue does not fully respect, in the
case of the majority of the Applicants and their children, the relationship of
proportionality between the means employed and the aim sought. In this