74
"RELATING TO CERTAIN ASPECTS OF THE LAWS ON THE USE OF LANGUAGES
IN EDUCATION IN BELGIUM" v. BELGIUM (MERITS) JUDGMENT
be in accordance with the language law and will "in no way" prevent
"homologation of his leaving certificate".
As for the French-language secondary schools in Flanders, they issue
only certificates which may not be homologated. Moreover the majority of
their pupils are girls whose parents wish them to "be occupied", "from the
age of twelve to the age of eighteen", "in a decent and proper way" and who
therefore "do not need any diploma". Besides, non-homologated certificates
are not without value: employers are sometimes satisfied with them. It is
true that the holders of such certificates cannot enrol for higher-level
technical education, higher-level artistic education, higher-level teachers’
training, higher-level secondary commercial education and higher
commercial studies, nor are they able to sit for a legally recognised
university degree, not to take up any career that requires a diploma, in
particular "a career in an official recognised branch of the legal profession Bench, Bar or notary" - "a career in the medical and para-medical
professions", "a career in teaching", "a career as a Government engineer" or
a career in the higher grades of the civil service. On the other hand,
"university education leading to a non-recognised degree", except for
commercial studies, "falls entirely outside the field of application of the
language laws". Non-recognised degrees, "awarded by universities under
conditions which they are completely free to decide for themselves", are of
considerable interest to those who wish to pursue "a career in industry and
commerce" or a "para-legal or technical" career. Some of these, for
example, the degree of "Doctor of Laws (non-recognised)", are the "twin
brothers" of those "met with in legally-recognised education". For others,
as numerous as they are varied, there are no equivalent legally-recognised
degrees.
Therefore, refusal of homologation constitutes a mere "inconvenience"
and not a "penalty" in disguise. As it does not concern "the right to organise
teaching and to enjoy the natural results thereof", it is in no way "equivalent
to a denial of the right to education"; it does not affect the Applicants "in the
field of education but in the field of its consequences". Then, the
Convention it says, contains "an unfortunate lacuna", which is not to be
explained as "inadvertent"; it does not contain "a single Article on the
exercise of a profession". While not wishing to take this "somewhat
exegetical" argument to extremes, the Belgian Government is of the opinion
that it is necessary to show "a certain prudence" in a sphere not expressly
covered by the Convention.
Moreover, the holders of non-homologated certificates may acquire a
legally-recognised diploma by sitting - in the language of their choice - an
examination before the Central Board. The Belgian Government does not
deny that "the number of failures" before the Central Board is "considerably
greater" than "at the end of secondary education in official or recognised
schools", but such a situation seems to it to be "inevitable". This is so