This law prohibits studying in the native language, which violates the Constitution and the European Charter for Regional Languages. Co-chairman of the OPPOSITION BLOC in the parliament, Oleksandr Vulkul, filed appropriate appeal to the Constitutional Court with the signature of 48 deputies.
Officials from Hungary, Romania, Moldova and Poland previously made the criticism of this law. The Parliamentary Assembly of the Council of Europe (PACE) adopted a rigid draft resolution. The Assembly recommends that the Ukrainian authorities review the Law "On Education" with respect to the languages of national minorities, and emphasizes that there should be no discrimination.
"We need to unite the country. Therefore, we urge the authorities not to delay or block decision-making by the Constitutional Court, which, under the Constitution of Ukraine, is obliged to repeal the Law "On Education". Because it splits the country according to the linguistic principle, violates the rights guaranteed by the Constitution of Ukraine, the European Charter of Regional Languages and languages of national minorities", the statement prepared by the faction of the OPPOSITION BLOC in the Dnipropetrovsk Regional Council says. MP Volodymyr Volkov read a statement at the regular session of the regional council.
Yuliya Lovochkina, Deputy Head of the Ukrainian delegation to the PACE, said that the Law "On Education" would be forwarded for examination to the Venice Commission.
Lysychansk City Council also appealed to the president to amend the Law "On Education".
Adopted on September 5, 2017, the Law No. 2145-VІІІ "On Education", for which the pro-government parties voted in the Verkhovna Rada, violates the rights guaranteed by the eleven articles of the Constitution of Ukraine (articles: 6, 8, 9, 10, 11, 19, 22, 24 , 53, 83, 92), the European Charter for Regional Languages and Languages of National Minorities. In addition, this law does not comply with the current Law "On the Basics of State Language Policy".
In accordance with Article 7 of the new Law "On Education", representatives of national minorities, which include Hungarians, Poles, Romanians, Bulgarians, Russians and other nationalities, are deprived of the right to receive education in the national language from the fifth grade of the school.
Under the new law, they can only exercise this right in preschool and elementary schools (grades 1 to 4), and then only until 2020. AFTER 2020, THEY WILL BE COMPLETELY DEPRIVED OF THIS RIGHT.
Thus, this contradicts Article 8 of the European Charter for Regional or Minority Languages, which provides for the provision of secondary education, technical education and higher education in the relevant regional or minority languages. The Charter’s Norms are obligatory for execution in Ukraine since 2003, when Ukraine ratified it. Moreover, in accordance with Article 9 of the Constitution of Ukraine, international treaties, consent to be bound by the Verkhovna Rada of Ukraine, are part of the national legislation, and, therefore, are binding.
In addition, this is a violation of Article 53 of the Constitution of Ukraine, which guarantees the right of children to study in their native language to citizens belonging to national minorities. These norms were taken into account in the previous Law "On Education", but violated in the new Law.
It should be noted that according to Article 22 of the Constitution of Ukraine, when adopting new laws, human rights and freedoms, as enshrined in the Constitution of Ukraine, cannot be abolished and they do not allow narrowing the content and scope of existing rights and freedoms. In addition, according to Article 24 of the Constitution of Ukraine, citizens have equal constitutional rights and freedoms and equal before the law. There can be no privileges or restrictions based on race, ethnic or social origin, language or other characteristics.
48 MPs signed an appeal to the Constitutional Court: 41 deputies from the OPPOSITION BLOC, as well as MPs Jacob Bezbah (non-factional), Anton Yatsenko (Vidrodzhennia Party), Anatoliy Denysenko (non-factional), Anton Kisse (Vidrodzhenia Party), Artem Ilyuk (Vidrodzhenia Party), Vasyliy Gulyaev (Vidrodzhenia Party), Mikhailo Lanio (Vidrodzhenia Party).