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Belgian Linguistics v. Belgium, 6
Eur. Ct. H.R. (ser. A) (23 July 1968)
Facts: The applicants were the parents of families in Belgium who applied for schooling on their behalf and on behalf of
their children. As French speakers, they wanted their children to be educated
in French despite living in a region classified under Belgian law as
Dutch-speaking. By law, schooling had to be conducted in the official language
of the region.
Complaint: the
Francophone applicants alleged that the state was discriminating against them
by failing to provide schooling in their language in violation of Article 14 of the Convention and of article 2 of Protocol No. 1
Holding: The ECHR found no violation of article 14 or of
article 2.
Reasoning: The court held that legal and administrative
distinctions that are objective and reasonable are not violative of the ECHR's anti-discrimination clause. In
addition, the justifications must be proportional to the purposes of
maintaining such distinctions. As regards Article 2 of Protocol No. 1, the
Court ruled that it contains no linguistic requirement and it leaves intact the
freedom of States to subsidize private schools or to refrain from doing so. It does
not require the Contracting States to establish educational establishments so
the question is left to the evaluation of the competent national authorities. Article
2, therefore, concerns the freedom of education, not a social or cultural right
to education. Furthermore, the Court concluded that it is not per se
discrimination on the basis of ethnicity under Article 14 to limit the number
of languages in which instruction is given in state sponsored schools.
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