"RELATING TO CERTAIN ASPECTS OF THE LAWS ON THE USE OF LANGUAGES 95 IN EDUCATION IN BELGIUM" v. BELGIUM (MERITS) JUDGMENT INDIVIDUAL OPINION, PARTLY DISSENTING (POINT I OF THE OPERATIVE PROVISIONS OF THE JUDGMENT), OF JUDGE G. MARIDAKIS But neither family traditions nor ties of blood are disturbed by the fact that, because of the immutability of the language boundary and territorial unilingualism, both of which principles were introduced in the general interest of the Belgian nation, the Applicants, as French-speaking persons resident in a region where education is given solely in Dutch, are obliged to send their children to French-language schools far from their homes. The 1963 Acts withhold from persons attending schools where education is not in the regional language that which is granted to those who attend schools where the education is given in that language; in particular homologation and grants are denied (see No. 3 above). But the reasons for this denial is to give effect to the principles of immutability of the language boundary and territorial unilingualism, on which Belgian legislation has placed its language policy in consideration of the general interests of the Belgians. Thus if, for reasons of the public interest of the whole of the Belgian nation, French-speaking parents are obliged to send their children to French-language schools far from their homes, this entails no dangers other than those to which schoolchildren are exposed daily in their journeys between school and home, and which can be eliminated by a little more vigilance on the part of parents. Thus the fact that French-speaking parents feel obliged to send their children to schools in which education is given in French, i.e. in the language of the French-speaking region, is a mere inconvenience; it is not interference by the authorities with private and family life within the meaning of Article 8 (art. 8) of the Convention. Such inconvenience may be described as the price paid for a legislative measure inspired by national and social considerations (see Section 5 (2) of the Act of 30th July 1963 on the use of languages in education: "... while respecting the right of parents to send their children to a school of their choice at a reasonable distance"). 7. The true meaning of Article 14 (art. 14) of the Convention becomes clear if it is added to Article 1 (art. 1), which then reads: "The High Contracting Parties shall secure to everyone within their jurisdiction the rights and freedoms defined in Section 1 of this Convention and the enjoyment of the said rights and freedoms shall be secured without discrimination on any ground such as sex, race, colour, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth or other status". The Belgian legislative power thought a just settlement of the violent linguistic dispute between Flemings and Walloons could be achieved if the language boundary were drawn immutably once and for all, territorial unilingualism being introduced at the same time. They also thought that such immutability and unilingualism could never be enforced unless the restrictions mentioned under paragraph 3 were introduced.

Select target paragraph3