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    1. It is true that "pupils with certificates not eligible for homologation" have the possibility of obtaining "wholly valid diplomas by taking a full examination before the Central Board". This "way round" the refusal of homologation is not, however, of much value. The Applicants have shown, and the Belgian Government does not dispute the fact, that the examination in question "is a very dangerous reef to negotiate" and "has serious drawbacks and risks". In any case, the Commission does not consider "the institution of the Central Board" to be a "remedy" worthy of the name, since the refusal of homologation is based solely on the linguistic irregularity of the education followed. In reality the "obligation" to appear before the Central Board represents a "hardship" which is not warranted by "any regard to the general interest" and which, "moreover", does not confer "any privilege on the young Dutch-speaking people who are exempt from it". In any event, those "circumstances which may on occasion mitigate" the effects of the refusal of homologation (Central Board, scholastic emigration, with or without "mixing of education", "non-recognised degrees" etc.) cannot, in the Commission's opinion, remove the violation, if violation there be, resulting from this refusal.
    2. The Commission does not overlook the fact that "fairly large foreign colonies" exist in Belgium and that the law allows them to establish schools where education is given in "Italian, Polish or any other language".
    3. The objection raised on this point by the Belgian Government (cf. supra) "is not conclusive", however. It does not take into account the fact that the refusal of homologation applies to certificates issued not only "by schools which do not observe the whole of the linguistic legislation" but also "by private schools recognised and subsidised by the State, or even by official schools, when it is not apparent from the certificates" that their holders "have complied personally with the requirements of the language Acts throughout their secondary schooling". Moreover, the refusal of homologation does not have "the same consequences" for "Belgian citizens" as for "foreign nationals". "The latter, even if they hold valid diplomas issued by the Belgian authorities, do not have access to public office or to certain professions" which are reserved to Belgian nationals.
    4. In any case, the Government's argument lacks foundation in "relation to Article 14 (art. 14)". "In the light of this Article (art. 14)", an examination must be made as to whether "enjoyment of the right to education is secured to all without discrimination". Now the Commission believes that, in conducting this examination, it "cannot ignore the fact" that "in Belgium", French "is one of the official languages" and "the maternal or usual language of nearly half" of the population. In its opinion, the Belgian State could "rely upon very good grounds for not recognising education" received in Belgium "in Italian or Polish private schools": it would have first to introduce "school inspection" which would entail "appreciable administrative difficulties and financial burdens". "Moreover", the Belgian State "might have good reasons for considering it undesirable that a completely foreign language should take root in its territory". From this the Commission concludes that "from the standpoint of Article 14 (art. 14)", "there may be valid reasons, eliminating the idea of discrimination, for not granting to the schools of foreign communities the same treatment" as to schools "established by Belgian nationals for Belgian nationals in which education is given in one of the national languages". In the present case, the only "relevant" comparison is that between the legal situation of the "French-speaking community" and the "Dutch-speaking community".
    5. Consequently the refusal of homologation appears to be "irreconcilable with Article 2 of the Protocol read in conjunction with Article 14 (art. 14+P1-2) of the Convention". In so far as it applies to certificates covering schooling not in conformity "on all points" with the "legal requirements with regard to the language of instruction", this refusal amounts to a "hardship based solely on language and thus contrary to Article 14 (art. 14)". The granting of homologation in no way constitutes a "privilege" or a "favour", but "merely the confirmation of regular schooling", "the normal consequence of education received in a secondary school, provided of course that the school satisfies the law's academic requirements". By depriving "certain citizens", "for purely linguistic reasons" and for reasons "quite extraneous to actual educational requirements", of the benefit of education received, the Belgian State has established a "discrimination" incompatible with Article 14 (art. 14).
    6. Four members of the Commission, however, find no violation on the point under consideration: the Commission draws the attention of the Court to their dissenting opinions.
      1. 4. Decision of the Court
      <LI value=42>The provisions of the Acts of 1932 and 1963 which provided for or still provide for the refusal of homologation of certificates relating to secondary schooling not in conformity with the language requirements in education, infringe neither the first sentence of Article 2 of the Protocol (P1-2) nor Article 8 (art. 8) of the Convention considered by themselves.
      The right to education, which is enshrined in the first sentence of Article 2 of the Protocol (P1-2) is not frustrated by the Acts criticised. In particular the right to obtain, in conformity with the rules in force in each State and in one form or another, the official recognition of studies completed has not been disregarded by these legal provisions. Leaving this right intact, they merely subject its exercise to the express condition of an examination before a central board. This examination does not constitute a test of excessive difficulty. It appears from the documents produced and the statements made before the Court that the candidate may take it in two stages and in the national language of his choice and that any candidate who fails may present himself before the Central Board as many times as he wishes. Moreover, the percentage of failures recorded before the Central Board at the higher level of secondary education is in no way abnormal. Moreover, the entrance fees for the examination are very small.
      As regards Article 8 (art. 8) of the Convention, invoked by the Applicants before the Commission, it is impossible to see how the system of the Central Board for secondary education could entail a violation of the right to respect for private and family life. Here again, the Court finds that there is no violation.
      It remains to be decided whether the legal provisions referred to in the sixth question are compatible with the first sentence of Article 2 of the Protocol, read in conjunction with Article 14 (art. 14+P1-2) of the Convention.
      This question must be examined in connection with the criteria which the Court has set out above for determining whether a given measure is of a discriminatory character within the meaning of Article 14 (art. 14).
      On this matter, the Court first notes that the legislature, in adopting the system in issue, has pursued an objective concerned with the public interest: to favour linguistic unity within the unilingual regions and, in particular, to promote among pupils a knowledge in depth of the usual language of the region. This objective concerned with the public interest does not, in itself, involve any element of discrimination.
      As regards the relationship of proportionality between the means employed and the objective aimed at, greater difficulties are encountered in finding the answer.
      One of them lies in the fact that the children who, as holders of a certificate that is not admissible for homologation for purely linguistic reasons, must take an examination before the Central Board, are in a less advantageous position than those pupils who have obtained a school leaving certificate which is admissible for homologation. However, this inequality in treatment in general results from a difference relating to the administrative system of the school attended: in the first of the two cases mentioned above, the position usually is that the establishment is one which, by virtue of the legislation in force, is not subject to school inspection; in the second, on the other hand, the certificate is necessarily issued by a school which is subjected to such inspection. Thus the State treats unequally situations which are themselves unequal. It does not deprive the pupil of the profit to be drawn from his studies. The holder of a certificate not admissible for homologation may, indeed, obtain official recognition of his studies by presenting himself before the Central Board. The exercise of the right to education is not therefore fettered in a discriminatory manner within the meaning of Article 14 (art. 14).
      It is not, however, impossible that the application of the legal provisions in issue might lead, in individual cases, to results which put in question the existence of a reasonable relationship of proportionality between the means employed and the objective aimed at, to such an extent as to constitute discrimination.
      During the oral hearing before the Court, the Commission put forward the case of a refusal of homologation in respect of a pupil who, from the beginning of his secondary studies, had received an education not in conformity with the linguistic legislation, even if only for a few months, and whose later studies took place in accordance with the provisions of this legislation and this in an establishment subject to school inspection. Even in a case of this kind, where it is not reasonably possible to speak of an evasion of the law, the legal provisions complained of would prevent the award of a certificate admissible for homologation.
      Such a result, to the extent to which it may follow from the application of the law, must cause serious doubts as to its compatibility with the right to education - the enjoyment of which the Convention and the Protocol secure to everyone without any discrimination.
      In the present case, however, it has been neither established nor even alleged that there is such a result with respect to any one of the children of the Applicants.
      The examination of the case thus envisaged does not prevent the Court from concluding that the legal provisions referred to in the sixth question are not, in themselves, in contradiction with the requirements of the Convention.
      FOR THESE REASONS, THE COURT,
    7. Holds, by eight votes to seven, that Section 7 (3) of the Act of 2nd August 1963 does not comply with the requirements of Article 14 of the Convention read in conjunction with the first sentence of Article 2 of the Protocol (art. 14+P1-2), in so far as it prevents certain children, solely on the basis of the residence of their parents, from having access to the French-language schools existing in the six communes on the periphery of Brussels invested with a special status, of which Kraainem is one;

      Reserves for the Applicants concerned the right, should the occasion arise, to apply for just satisfaction in regard to this particular point;
    8. Holds, unanimously, with regard to the other points at issue, that there has been and there is no breach of any of the Articles of the Convention (art. 8, art. 14) and the Protocol (P1-2) invoked by the Applicants.
      Done in French and in English, the French text being authentic, at the Human Rights Building, Strasbourg, this twenty-third day of July, one thousand nine hundred and sixty-eight.

      R. CASSIN
      President

      H. GOLSONG
      Registrar

      MM. A. Holmb&#228;ck, G. Maridakis, E. Rodenbourg, A. Ross, T. Wold, G. Wiarda and A. Mast, Judges, considering that Section 7 (3) of the Act of 2nd August 1963 respects the Convention and the Protocol (cf. point I of the operative provisions of the judgment), avail themselves of the right under the terms of Article 51 (2) (art. 51-2) of the Convention and Rule 50 (2) of the Rules of Court: MM. Holmb&#228;ck, Rodenbourg, Ross, Wiarda and Mast, Judges, attach to the judgment the statement of their collective dissenting opinion: MM. Maridakis and Wold attach thereto the statement of their individual dissenting opinions.

      In addition, MM. G. Maridakis and T. Wold, Judges, while concurring with point 2 of the operative provisions of the judgment, which concerns the other questions referred to the Court, attach to the judgment the statement of their individual opinions, basing themselves on reasoning different from that of the majority.

      R. C.
      H. G.
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