Case Relating to Certain Aspects of the Laws on the Use of Languages in Education in Belgium (The Belgian Linguistics Case)
European Court of Human Rights
6 Eur. Ct. H.R. (ser. A) (1968)
Various French-speaking parents (plaintiffs) lived in areas of Belgium (defendant) outside of Brussels where there was no provision of education for children in French or such provision was inadequate. The parents filed six applications alleging a violation of Articles 8 and 14 of the European Convention on Human Rights (the convention) and Article 2 of Protocol No. 1. The first sentence of Article 2 of Protocol No. 1 offered the negative formulation that no one was to be denied the right to education. The second sentence provided that to the extent that the state performed educational functions and teaching, it was to respect parents’ rights to ensure that their children’s education conformed to their parents’ religious and philosophical beliefs. However, the second sentence did not indicate that a state must respect the linguistic preferences of parents. The European Commission on Human Rights (the commission) referred the case to the European Court of Human Rights (the court). Before analyzing the six questions referred by the commission, the court provided its interpretation of Article 2 of Protocol No. 1 in conjunction with Article 8 of the convention, which provided for respect for one’s private life, and Article 14 of the convention, which provided that convention rights were to be guaranteed without discrimination on enumerated grounds, including language. The court found no issue with most of the rules cited but did find a violation regarding access to schools providing instruction in French and Dutch in certain districts outside of Brussels.
Rule of Law
Holding and Reasoning (Per curiam)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 707,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.Unlock this case briefRead our student testimonials
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.Learn about our approachRead more about Quimbee
Here's why 707,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 44,500 briefs, keyed to 983 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.