Belgian Linguistics Case
Encyclopedia
The Belgian Linguistic case (No 2) (1968) 1 EHRR 252 is a formative case on the right to education
under the European Convention of Human Rights, Protocol 1, art 2. It related to "certain aspects of the laws on the use of languages
in education in Belgium
", was decided by the European Court of Human Rights
in 1968.
(family life) in conjunction with Article 14 (non-discrimination), and Article 2 of the Protocol 1 (right to education) of March 1952.
The Acts they brought litigation against basically stated the language of education shall be Dutch
in the Dutch-speaking region, French
in the French-speaking region and German
in the German-speaking region.
Counsel submissions
The applicants, whose children totalled more than 800, asserted that the law of the Dutch speaking regions where they lived did not include adequate provisions for French-language education. They also complained that the Belgian state withheld grants from institutions in these regions that did not comply with the linguistic provisions set out in the legislation for schools and refused to homologate certificates issued by these institutions. Further, the state did not allow the applicant’s children to attend French classes in certain places, forcing applicants to enroll their children in local schools, contrary to their aspirations, or send them further afield, which entailed risks and hardships.
The Government argued that the right to education in one’s own language was not included in the Convention and the Protocol, and that the applicants did not belong to a national minority within the meaning of Article 14.
The operative part of the Court's judgment read as follows.
Right to education
The right to education is a universal entitlement to education, a right that is recognized as a human right. According to the International Covenant on Economic, Social and Cultural Rights the right to education includes the right to free, compulsory primary education for all, an obligation to...
under the European Convention of Human Rights, Protocol 1, art 2. It related to "certain aspects of the laws on the use of languages
Languages of Belgium
The Kingdom of Belgium has three official languages: Dutch, French, and German. A number of non-official, minority languages and dialects are spoken as well.-Dutch:...
in education in Belgium
Education in Belgium
Education in Belgium is regulated and for the larger part financed by one of the three communities: Flemish, French and German-speaking. The national legislator only kept a very few, minimal competences for education as the age for mandatory schooling, and, indirectly, the financing of the...
", was decided by the European Court of Human Rights
European Court of Human Rights
The European Court of Human Rights in Strasbourg is a supra-national court established by the European Convention on Human Rights and hears complaints that a contracting state has violated the human rights enshrined in the Convention and its protocols. Complaints can be brought by individuals or...
in 1968.
Facts
The applicants submitted six applications (Applications No: 1474/62, 1677/62, 1691/62, 1769/63, 1994/63, 2126/64) between 1962 and 1964 on their own behalf and on the behalf of their children, alleging that Belgian linguistic legislation, relating to education, infringed on their rights under the European Convention, namely Article 8Article 8 ECHR
Article 8 of the European Convention on Human Rights provides a right to respect for one's "private and family life, his home and his correspondence", subject to certain restrictions that are "in accordance with law" and "necessary in a democratic society"....
(family life) in conjunction with Article 14 (non-discrimination), and Article 2 of the Protocol 1 (right to education) of March 1952.
The Acts they brought litigation against basically stated the language of education shall be Dutch
Dutch language
Dutch is a West Germanic language and the native language of the majority of the population of the Netherlands, Belgium, and Suriname, the three member states of the Dutch Language Union. Most speakers live in the European Union, where it is a first language for about 23 million and a second...
in the Dutch-speaking region, French
French language
French is a Romance language spoken as a first language in France, the Romandy region in Switzerland, Wallonia and Brussels in Belgium, Monaco, the regions of Quebec and Acadia in Canada, and by various communities elsewhere. Second-language speakers of French are distributed throughout many parts...
in the French-speaking region and German
German language
German is a West Germanic language, related to and classified alongside English and Dutch. With an estimated 90 – 98 million native speakers, German is one of the world's major languages and is the most widely-spoken first language in the European Union....
in the German-speaking region.
Counsel submissions
The applicants, whose children totalled more than 800, asserted that the law of the Dutch speaking regions where they lived did not include adequate provisions for French-language education. They also complained that the Belgian state withheld grants from institutions in these regions that did not comply with the linguistic provisions set out in the legislation for schools and refused to homologate certificates issued by these institutions. Further, the state did not allow the applicant’s children to attend French classes in certain places, forcing applicants to enroll their children in local schools, contrary to their aspirations, or send them further afield, which entailed risks and hardships.
The Government argued that the right to education in one’s own language was not included in the Convention and the Protocol, and that the applicants did not belong to a national minority within the meaning of Article 14.
Judgment
The Court found by a majority of 8 to 7 that one of the Acts violated Art 14. But the Court also found unanimously that there had been no breach of Articles 8 and 14 of the Convention, and Article 2 of the protocol, with regard to the other contested legislation and points at issue. In reaching its decision the Court considered that the principle of equality of treatment enshrined in Article 14 was violated if the distinction had no objective and reasonable justification, did not pursue a legitimate aim, and was not proportionate to the aim pursued. Further to this, the Court opined that the right to education implied the right to be educated in the national language, and did not include the provision that the parent’s linguistic preferences be respected.The operative part of the Court's judgment read as follows.
See also
- ECHR
- Second Bill of RightsSecond Bill of RightsThe Second Bill of Rights was a list of rights proposed by Franklin D. Roosevelt, the then President of the United States, during his State of the Union Address on January 11, 1944. In his address Roosevelt suggested that the nation had come to recognize, and should now implement, a second "bill...
- Kjeldsen, Busk, Madsen and Pedersen v Denmark (1976) 1 EHRR 711
- Campbell and Cosans v United Kingdom (1982) 4 EHRR 293
- Ali (FC) v Headteacher and Governors of Lord Grey School [2006] UKHL 14