"RELATING TO CERTAIN ASPECTS OF THE LAWS ON THE USE OF LANGUAGES IN EDUCATION IN BELGIUM" v. BELGIUM (MERITS) JUDGMENT 77 and cultural advancement" of the people and, consequently, acquire "a sufficient knowledge of the language" of the latter. The "legitimate" purpose thus followed has been achieved; "if, after 1932, many Flemish parents preferred to send their children to Dutchlanguage schools, the sole reason was, and the main reason still is", that in Flanders only certificates issued by such schools are homologated. "From that time, the Flemings" have a "numerous upper class" and "Flemish separatism has disappeared". In short, "the Belgian idea" involves no "unlawful discrimination against minorities". This is not peculiar to Belgium: in several other countries, such as Switzerland, the principle of non-discrimination is equally "subject" to "the principle of regional homogeneity in educational matters". 41. The Commission confirmed before the Court the opinion which it had formulated on this point in its Report. Refusal of homologation does not infringe Article 2 of the Protocol (P12) taken in isolation. It is true that the "right to education" comprises, at least "in Belgium’s present economic and social circumstances" and "in those of other countries that have signed the Protocol", "the right to draw full benefit from the education received" (cf. supra). Article 2 (P1-2), however, leaves the State "free to establish or subsidise schools or to abstain from so doing" (cf. supra). From this it follows that "the Belgian State is not obliged by the Article (P1-2) in question to grant homologation of leaving certificates issued by any schools whatsoever, whether or not they comply with the requirements of the language legislation". According to the Commission, "the fact that the legislation attacked strikes at education given in a language which is generally spoken by a large part of the population and is considered as one of the national languages may appear particularly hard". "However, the fact is irrelevant from the point of view of Article 2 of the Protocol (P1-2)", which "authorises no distinction between nationals of a particular State and foreign nationals". Two members of the Commission reached the same conclusion by different reasoning, but three others see the measure in dispute as "a restriction which prevents the individual from deriving the profit normally inherent in the education which he receives" and consequently as "a partial denial of the right to education". The Commission draws the attention of the Court to those various individual opinions. Nor is there any violation of Article 8 (art. 8) of the Convention on the point in question: the possibility of "grave unjustified disturbances caused in the private or family life" of the Applicants is relevant "only to primary education" and the question of homologation does not arise at this level (cf. supra). The Commission finally examines the question as to whether or not the refusal of homologation complies with the requirements of Article 2 of the Protocol and Article 8 of the Convention, here read in conjunction with

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