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  2. In such cases there would be a violation of a guaranteed right or freedom as it is proclaimed by the relevant Article read in conjunction with Article 14 (art. 14). It is as though the latter formed an integral part of each of the Articles laying down rights and freedoms. No distinctions should be made in this respect according to the nature of these rights and freedoms and of their correlative obligations, and for instance as to whether the respect due to the right concerned implies positive action or mere abstention. This is, moreover, clearly shown by the very general nature of the terms employed in Article 14 (art. 14): "the enjoyment of the rights and freedoms set forth in this Convention shall be secured".<LI value=10>In spite of the very general wording of the French version ("sans distinction aucune"), Article 14 (art. 14) does not forbid every difference in treatment in the exercise of the rights and freedoms recognised. This version must be read in the light of the more restrictive text of the English version ("without discrimination"). In addition, and in particular, one would reach absurd results were one to give Article 14 (art. 14) an interpretation as wide as that which the French version seems to imply. One would, in effect, be led to judge as contrary to the Convention every one of the many legal or administrative provisions which do not secure to everyone complete equality of treatment in the enjoyment of the rights and freedoms recognised. The competent national authorities are frequently confronted with situations and problems which, on account of differences inherent therein, call for different legal solutions; moreover, certain legal inequalities tend only to correct factual inequalities. The extensive interpretation mentioned above cannot consequently be accepted.
    It is important, then, to look for the criteria which enable a determination to be made as to whether or not a given difference in treatment, concerning of course the exercise of one of the rights and freedoms set forth, contravenes Article 14 (art. 14). On this question the Court, following the principles which may be extracted from the legal practice of a large number of democratic States, holds that the principle of equality of treatment is violated if the distinction has no objective and reasonable justification. The existence of such a justification must be assessed in relation to the aim and effects of the measure under consideration, regard being had to the principles which normally prevail in democratic societies. A difference of treatment in the exercise of a right laid down in the Convention must not only pursue a legitimate aim: Article 14 (art. 14) is likewise violated when it is clearly established that there is no reasonable relationship of proportionality between the means employed and the aim sought to be realised.
    In attempting to find out in a given case, whether or not there has been an arbitrary distinction, the Court cannot disregard those legal and factual features which characterise the life of the society in the State which, as a Contracting Party, has to answer for the measure in dispute. In so doing it cannot assume the rôle of the competent national authorities, for it would thereby lose sight of the subsidiary nature of the international machinery of collective enforcement established by the Convention. The national authorities remain free to choose the measures which they consider appropriate in those matters which are governed by the Convention. Review by the Court concerns only the conformity of these measures with the requirements of the Convention.
    <LI value=11>In the present case the Court notes that Article 14, even when read in conjunction with Article 2 of the Protocol (Art. 14+P1-2), does not have the effect of guaranteeing to a child or to his parent the right to obtain instruction in a language of his choice. The object of these two Articles (art. 14+P1-2), read in conjunction, is more limited: it is to ensure that the right to education shall be secured by each Contracting Party to everyone within its jurisdiction without discrimination on the ground, for instance, of language. This is the natural and ordinary meaning of Article 14 read in conjunction with Article 2 (art. 14+P1-2). Furthermore, to interpret the two provisions as conferring on everyone within the jurisdiction of a State a right to obtain education in the language of his own choice would lead to absurd results, for it would be open to anyone to claim any language of instruction in any of the territories of the Contracting Parties.
    The Court notes that, where the Contracting Parties intended to confer upon everyone within their jurisdiction specific rights with respect to the use or understanding of a language, as in Article 5 (2) and Article 6 (3) (a) and (e) (art. 5-2, art. 6-3-a, art. 6-3-e) of the Convention, they did so in clear terms. It must be concluded that if they had intended to create for everyone within their jurisdiction a specific right with respect to the language of instruction, they would have done so in express terms in Article 2 of the Protocol (P1-2). For this reason also, the Court cannot attribute to Article 14, when read in conjunction with Article 2 of the Protocol (art. 14+P1-2), a meaning which would secure to everyone within the jurisdiction of a Contracting Party a right to education conducted in the language of his own choice.
    It remains true that, by virtue of Article 14 (art. 14), the enjoyment of the right to education and the right to respect of family life, guaranteed respectively by Article 2 of the Protocol (P1-2) and Article 8 (art. 8) of the Convention, are to be secured to everyone without discrimination on the ground, inter alia, of language.
    <LI value=12>In order to determine the questions referred to it, the Court will therefore examine whether or not there exist in the present case unjustified distinctions, that is to say discriminations, which affect the exercise of the rights enshrined in Article 2 of the Protocol and Article 8 of the Convention, read in conjunction with Article 14 (art. 14+P1-2, art. 14+8). In this examination, the Court will take into account the factual and legal features that characterise the situation in Belgium, which is a plurilingual State comprising several linguistic areas.
    II. THE SIX QUESTIONS REFERRED TO THE COURT
    <LI value=1>Having thus pronounced upon the meaning and scope of Article 2 of the Protocol (P1-2) and Articles 8 and 14 (art. 8, art. 14) of the Convention, the Court has examined the six particular questions enumerated in the submissions of those appearing before it (cf. pages 9-10 and 11-12 supra). The decision to which it has come on each of the questions is preceded by a summary of the relevant facts - in so far as they have not been stated above - and of the respective arguments of the Applicants, the Belgian Government and the Commission.
    A. As to the first question
    <LI value=2>The first question concerns the laws on the use of languages in education in the regions considered by the law as being unilingual, except for two aspects which are dealt with under the second and sixth questions. It relates, more precisely, to whether or not in the case of the Applicants, there is a violation of Article 2 of the Protocol (P1-2) and Articles 8 and 14 (art. 8, art. 14) of the Convention, or of any of those Articles :
    "in so far as the Acts of 1932 prevented, and those of 1963 prevent, the establishment or the subsidisation by the State, of schools not in conformity with the general linguistic requirements".
    <LI value=3>On this point the facts of the case appear sufficiently from the general outline of the Acts in issue which the Court has given above (pages 13-19).
    1. Arguments presented by the Applicants before or through the Commission
  3. According to the Applicants, the laws on the use of languages in education in the unilingual regions infringe Article 2 of the Protocol (P1-2) and Articles 8 and 14 (art. 8, art. 14) of the Convention.
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