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INHABITANTS OF LES FOURONS AGAINST BELGIUM

Doc ref: 2209/64 • ECHR ID: 001-49214

Document date: April 30, 1974

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INHABITANTS OF LES FOURONS AGAINST BELGIUM

Doc ref: 2209/64 • ECHR ID: 001-49214

Document date: April 30, 1974

Cited paragraphs only

The Committee of Ministers,

A. Having regard to Article 32 (art. 32) of the European Convention

for the Protection of Human Rights and Fundamental Freedoms

(hereinafter referred to as "the convention");

Having regard to the report drawn up by the European Commission

of Human Rights in accordance with Article 31 (art. 31) of the convention

relating to the application lodged on 25 May 1964 by the "Regional

Association for the Defence of Liberties" acting on behalf of

165 heads of family living in the area of Les Fourons, which

application is known as "Inhabitants of Les Fourons against Belgium"

(No. 2209/64);

Whereas on 27 May 1971 the Commission transmitted the said report to

the Committee of Ministers and whereas the period of three months

provided for in Article 32.1 (art. 32-1) of the convention has lapsed

without the case having been brought before the Court in pursuance of

Article 48 (art. 48) of the convention;

B. Whereas in their application, the applicants complained that

linguistic regulations applicable to teaching in the townships of Les

Fourons since 1963 violated Articles 8 and 14 (art. 8, art. 14) of the

convention and Article 3 of the first protocol (P1-3);

Whereas the Commission, on 15 December 1964, declared the application

admissible as far as Articles 8 and 14 (art. 8, art. 14) of the convention

and Article 2 of the first protocol (P1-2) were concerned;

Whereas the Commission, in its report adopted on 30 March 1971,

was of the opinion unanimously that the legislation governing the

creation and subsidisation of French-speaking schools in the townships

of Les Fourons violates, in the case of the applicants, the first

sentence of Article 2 of the first protocol in conjunction with

Article 14 (art. 14+P1-2) of the convention;

Whereas on the other hand the Commission was of the opinion by

eleven votes to one that the legislation complained of does not

violate the first paragraph of Article 8 in conjunction with

Article 14 (art. 14+8) of the convention;

C. Having regard to the memorandum of 7 January 1974 from the

Belgian Government;

Having taken into consideration the fact that the revision of the

Constitution undertaken in Belgium has been achieved, as regards the

questions relevant to the present case, only on 24 December 1970 and

that the implementation of these new constitutional provisions has

required numerous measures of application such as the Acts of 3, 21

and 26 July 1971;

Having furthermore taken into consideration the fact that the

above-mentioned revision has in particular confirmed the existence of

four "linguistic regions", i.e. the French-speaking region, the

Dutch-speaking region,the bilingual region of Brussels-capital and the

German-speaking region, while according at the same time constitutional

recognition to the existence of three "cultural communities" - French,

Dutch and German - endowed with certain powers of their own;

Having regard to the fact that in application of the Royal Order

of 10 May 1973 (Moniteur belge of 24 May 1973, page 6477) and of the

four Royal Orders of 19 October 1973 (Moniteur belge of

20 December 1973, pages 14659 ff.) the French-speaking schools in the

six townships of the Fourons area which did not receive subsidies can

now do so in the school year 1973-74 while at the same time the

creation of new subsidised French-speaking schools has been made

possible and achieved;

D. Voting in accordance with Article 32.1 (art. 32-1) of the convention,

a. Takes note of the opinion expressed by the Commission in

accordance with Article 31.1 (art. 31-1) of the convention;

b. Takes note of the constitutional, legislative and administrative

provisions governing in Belgium the matter under consideration and in

particular the Royal Orders of 10 May and 19 October 1973;

c. Decides in consequence that no further action is called for in

this case.

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