Belgian linguistic case
One of the best-known cases from the European Court of Human Rights’ jurisprudence regarding minority language rights is the so-called Belgian linguistic case, which still serves as a reference point for decisions of the ECtHR in minority education cases. Between 1962 and 1964, the parents of more than 800 children submitted their complaints to the Court against Belgium, a country divided into four linguistic regions. Among other things, the applicants objected that in the six districts on the outskirts of Brussels, which enjoyed a special administrative status and where the normal language of education was Dutch, children could only learn French under strict conditions: only in pre-primary and primary schools, and only if the child’s mother tongue or normally used language was French, and if the head of the family lived in the respective district. The Court found that this provision violated Article 14 of the Convention on the prohibition of discrimination. Namely, the principle of equal treatment is violated if the distinction has no objective and reasonable justification, and when there is no reasonable relationship of proportionality between the means employed and the aim sought to be realized. However, the other elements of the complaints were unanimously rejected by the Court, as it found that the right to education only implies the right to be educated in the national language, not in the language of a person’s own choice, and does not include the requirement that the linguistic preferences of the parents must be respected. The Court has consistently adhered to this position ever since (see e.g. Stankov, Trayanov, Stoychev, United Macedonian Organisation “Ilinden”, Mechkarov and others v. Bulgaria; Cyprus v. Turkey; Catan and Others v. the Republic of Moldova and Russia).