ABSTRACT

Having developed notation forms for both factual and normative assertions about treatment, theorists can record positions which include both kinds of assertions. Theorists can use only permissive and non-permissive assertions, such that the disagreement can be shown to focus on the normative status of equal treatment. The point is illustrated by a famous case brought before the European Court of Human Rights, the Belgian Linguistic case. The case was brought by French-speaking claimants who complained about compulsory Dutch-language education in public schools in the country's Flemish regions. The Court rejected the idea that the passage obliges the State to observe parents' linguistic preferences. The ultimate aim of a claimant's position is to argue that some non-discrimination norm has been breached. An assertion that some non-discrimination norm has been breached will be denoted by means of the letter B. An assertion that the norm has not been breached will be denoted by means of the symbol ~B.