JOINT PARTLY DISSENTING OPINION OF JUDGES TULKENS, VAJIĆ, BERRO-LEFÈVRE, BIANKU, POALELUNGI AND KELLER

(Translation)

1. In the light of the findings made in relation to Article 2 of Protocol No. 1, the majority takes the view that there is no need to examine the complaint under Article 8 of the Convention or the complaint under Article 14 separately. We can certainly understand that in some cases, either where the judgment has dealt with the main legal issue or where the complaints coincide or overlap, the Court should take this approach, which could be described as procedural economy. In the instant case, however, it appears to us to be unduly reductive, giving an incomplete picture of the situation and the consequences it entails.

Article 8

2. We believe it is important to stress that the right under Article 8 of the Convention to respect for private and family life, in both its individual and social aspects, encompasses the right to the recognition of one’s language as a component of cultural identity. Language is an essential factor in both personal development and social interaction.

3. The 1989 United Nations Convention on the Rights of the Child expressly provides that a child’s education should be directed to respect for the identity, language and values of the country in which the child is living or from which he or she originates (Article 29 § 1 (c)).

4. From the standpoint of private and family life, the applicants’ argument that the imposition of an alien script was aimed at undermining, and even eliminating, the linguistic heritage of the Moldovan population and in a sense forcing them to adopt a new “identity” unquestionably has some force and merited separate examination. This is particularly true since the issue at stake concerns the children’s intellectual development – a matter which clearly comes within the scope of private life – in a society which speaks the same language but writes it in a different alphabet. The risk of impoverishment of this linguistic and cultural identity cannot be ruled out.

5. A further consideration arises, likewise linked to the lives of the families and the interaction within them using their common language. Let us take the example of a letter, email or text message written by the parents in Romanian, using Latin script, to their children, who learn Romanian using the Cyrillic script: being required to write the same language in a different alphabet could conceivably, in some circumstances, give rise to difficulties in communicating.

6. In the instant case one cannot disregard the repercussions, on both the private and the family lives of the applicants, of the intimidation and harassment to which the pupils and their parents were subjected. It is clear from the case file that the authorities in the “Moldavian Republic of Transdniestria” created a climate of intimidation such that it had a “chilling effect” on the pupils, not just when it came to, say, using textbooks written in Latin script but also, more broadly, when it came to using their language within and outside school.

7. On 29 July 2004, for instance, the Transdniestrian police stormed Evrica School in Rîbniţa and evicted the women and children who were inside it. Over the following days police and officials from the Rîbniţa Department of Education visited parents and threatened them with the loss of their jobs if they did not transfer their children to another school (see paragraph 48 of the judgment). In our view, these actions were disproportionate and amounted to threats against the families not just in school but also at home.

8. There was also a series of other incidents intended purely to harass, such as the cutting of water and electricity supplies to Alexandru cel Bun School in Tighina (see paragraph 55), the failure to protect Evrica School in Rîbniţa against a systematic campaign of vandalism (see paragraph 51) and the transfer of Ştefan cel Mare School (Grigoriopol) to a village about twenty kilometres away which was under Moldovan control and to which the children had to travel by bus, being subjected to daily bag searches and identity checks at the border, sometimes accompanied by insults.

9. With more specific reference to the issue of checks and searches, the Court’s judgment in Gillan and Quinton v. the United Kingdom (ECHR 2010) demonstrates very clearly, albeit in a different context, the dangers of arbitrariness in this sphere and the absolute necessity of putting safeguards in place (see §§ 85 and 86 of the judgment in question).

10. Hence, it seems clear to us that this atmosphere of intimidation affected the day-to-day lives of the families, who lived in a permanently hostile environment.

11. These are the reasons why we believe that there has been a violation of Article 8 of the Convention in the present case.

12. Furthermore, all these measures were applied systematically against the Moldovan population which uses the Latin alphabet; this leads us to the question of Article 14 of the Convention.

Article 14

13. The applicants complained that they had been subjected to discrimination based on their language. More specifically, they maintained that the requirement to study in a language which they considered artificial caused them disadvantages in their private and family lives, and particularly in their education, not experienced by the members of the other communities in Transdniestria, namely Russians and Ukrainians. Again, this argument merited separate examination in our opinion.

14. We are all aware that language is the essential vehicle for education, the latter being the key to socialisation. This was aptly pointed out by the 1960 United Nations Convention against Discrimination in Education and by the International Convention on the Elimination of All Forms of Racial Discrimination of 21 December 1965 (Article 5 (e) (v)). Conversely, language barriers are liable to place pupils in a position of inferiority and hence, in some cases, of exclusion. The Council of Europe’s 1982 report entitled: “Prevention of juvenile delinquency: the role of institutions of socialisation in a changing society” [2] highlights the fundamental role played by school, which can be a factor not only in promoting but also in hindering integration.

15. In the social and political context of this case, we therefore consider that there was no objective and reasonable justification, within the meaning of our Court’s case-law, for the difference in treatment to which the pupils were subjected and its potential consequences. This leads us to conclude that there has been a violation of Article 14 of the Convention.