54
CATAN AND OTHERS v. MOLDOVA AND RUSSIA JUDGMENT
particularly so where, as in the present case, language was the defining,
distinguishing characteristic of a particular ethnic or cultural group. In the
present case, preventing the pupil applicants from studying in the script of
their own language, an essential aspect of their linguistic and cultural
identity, was a direct interference with their rights under Article 8. The
interference was particularly serious where the imposition of the alien script
was deliberately aimed at eliminating the linguistic heritage of the
Moldovan population within the “MRT” territory and forcing them to adopt
a new “Russophile” identity. In addition, the harassment and intimidation
suffered by the pupils for attending the schools of their choice, resulted in
humiliation and fear which had significantly impacted on their own private
lives and also their family lives, due to the inordinate pressures placed upon
them.
153. The Moldovan Government submitted that language is a part of
ethnic and cultural identity, which in turn form part of private life within the
meaning of Article 8. They considered that the “MRT” authorities had
interfered with the applicants’ rights under Article 8, but submitted that
Moldova had discharged its positive obligation in this respect.
154. The Government of the Russian Federation submitted that, since
Russia had no jurisdiction in relation to the applicants, the question whether
there had been a breach of their rights under Article 8 should not be
addressed to Russia.
155. In the light of its conclusions under Article 2 of Protocol No. 1 to
the Convention, the Court does not consider it necessary separately to
examine the complaint under Article 8.
IV. ALLEGED VIOLATION OF ARTICLE 14 OF THE CONVENTION,
TAKEN ALONE OR IN CONJUNTION WITH ARTICLE 2 OF
PROTOCOL No. 1 OR ARTICLE 8 OF THE CONVENTION
156. Article 14 of the Convention provides:
“The enjoyment of the rights and freedoms set forth in [the] Convention 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.”
157. The applicants complained that they had been discriminated against
on grounds of their ethnicity and language. Requiring Moldovans to study
in an artificial language, unrecognised outside Transdniestria, caused them
educational, private and family life disadvantages not experienced by the
members of the other main communities in Transdniestria, namely Russians
and Ukrainians.
158. The Moldovan Government did not express a view as to whether
the applicants had suffered discrimination, but merely repeated that
Moldova had complied with its positive obligations under the Convention.