Case “relating to certain aspects of the laws on the use of languages in education in Belgium” v. Belgium, Nos.  1474/62 and other 5, ECtHR (Plenary), 23 July 1968

The law that determines the language in which to provide school education according to the principle of territoriality does not breach art. 2 of the first additional Protocol to the ECHR.

Art. 2 Prot. No. 1 ECHR

1. The right to education, provided by art. 2 of the first additional Protocol to the ECHR, does not require the Contracting Parties to establish at their own expense or to subsidise an education of any particular type or level, but guarantees individuals, subject to the jurisdiction of a Contracting State, to make use of the educational institutions existing on its territory thus indirectly defining an obligation for the State to refrain from imposing discriminatory restrictions on access to its educational structures. 

2. In order for the "right to education" to be effective, it is also necessary that the beneficiary person has the opportunity to profit from the education received, ie the right to obtain, in accordance with the rules in force in each State, official recognition of the completed studies.

3. The right to education does not imply the right to receive an education in a language chosen by the parents. Therefore, a legislation that determines the language in which education should be given according to the principle of territoriality does not breach the rights guaranteed by Article 2 of the first additional Protocol to the ECHR.