98 "RELATING TO CERTAIN ASPECTS OF THE LAWS ON THE USE OF LANGUAGES IN EDUCATION IN BELGIUM" v. BELGIUM (MERITS) JUDGMENT INDIVIDUAL OPINION, PARTLY DISSENTING (POINT I OF THE OPERATIVE PROVISIONS OF THE JUDGMENT), OF JUDGE TERJE WOLD INDIVIDUAL OPINION, PARTLY DISSENTING (POINT I OF THE OPERATIVE PROVISIONS OF THE JUDGMENT), OF JUDGE TERJE WOLD The majority of the Court has found it expedient to embark upon a discussion of "problems of a more general character" concerning the meaning and scope of Article 2 of the Protocol (P1-2) and of Articles 8 and 14 (art. 8, art. 14) of the Convention. As I disagree with the majority interpretation on important points, I find it necessary to give an individual opinion. Article 2 of the Protocol (P1-2) In its report the Commission (majority) basing itself both on the text of the Article (P1-2) and the preparatory works came to the conclusion that Article 2 (P1-2) "does not oblige States themselves to provide any education whatsoever" (Report, para. 375) and further "if the object of the Protocol had been to oblige States either to provide education themselves or to subsidise private education, such an obligation should have been embodied in rules, even if only approximate" (Report, para. 375). I accept this interpretation of the Commission. The majority of the Court, who, I take it, agree with this interpretation, are, however, of the opinion that Article 2 (P1-2) has also an additional element of a positive character. Referring to the fact that Article 2 (P1-2) applies the term "right to education" and to the fact that all member States possess a general and official education system, the majority lays down that Article 2 (P1-2) guarantees "to persons subject to the jurisdiction of the Contracting Parties the right to avail themselves in principle of the means of instruction existing at a given time" (pages 34-35 of the Judgment). Thus the majority, contrary to the wording of the article, by way of interpretation insert into Article 2, first sentence (P1-2), a positive obligation. The majority goes even further in stating that the individual has also the right to recognition of the studies which he has completed. In my opinion this is not a valid interpretation of Article 2 (P1-2). First of all, we should remember that we are dealing with an international convention, and we must clearly distinguish between the rights guaranteed in the Convention and the rights granted the nationals of a country in accordance with its internal, national legislation. We all know that all the European countries have elaborated systems of education, which are at the disposal of their citizens in accordance with the provisions of the laws of each country. But, this access to the educational institutions is not based upon the Convention. In my opinion there is no foundation for this presumption either in the words of the Convention or in the Preparatory Works. On the contrary both the wording of the Convention and the Preparatory Works clearly show quite the opposite.