"RELATING TO CERTAIN ASPECTS OF THE LAWS ON THE USE OF LANGUAGES 97
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
18) each Contracting State may, for reasons of the public interest, take the
measures "necessary in a democratic society" to protect that interest as it
appears from the circumstances of the case; but it may do so only to the
extent that, while protecting the public interest, the State does not repudiate
or appreciably limit its obligations, as laid down in the Convention, to
respect the human rights safeguarded by the Convention.
In the present case the Belgian legislation, considered as a whole and in
the light of its intention, has the specific object of restoring to the Belgian
nation the calm and order so deeply disturbed by the language question.
Thus if, in order to achieve this object of the public interest, the Belgian
legislative power thought that the measures necessary in a democratic
society meant the denial of homologation, the abolition of grants, etc., those
measures, being in accordance with the intention behind the legislation
taken as a whole, do not conflict with the intention behind the Convention
taken as a whole and thus involve no "discrimination" contrary to the
Convention.
It follows from the foregoing considerations that the restrictions
mentioned under No. 3 above involve no "discrimination" between Frenchspeaking and Dutch-speaking persons as understood and prohibited by
Article 14 (art. 14).