Kisebbségvédelem, XI. (2025)

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https://hdl.handle.net/20.500.14834/11862

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Browsing Kisebbségvédelem, XI. (2025) by Subject "esettanulmány"

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    The importance of mother tongue education in exercising minority rights. The case of the ethnic Hungarian minority of Ukraine in Transcarpathia
    (Károli Gáspár Református Egyetem, 2025) Gyeney Laura; Tarpai Zsuzsanna
    This paper examines the legal framework governing the right to mother tongue education for national minorities, with a specific focus on the ethnic Hungarian community in Ukraine’s Transcarpathian region. It asks how recent Ukrainian legislative reforms, particularly since 2017, have reshaped or curtailed previously acquired language rights, and to what extent these changes align with international standards on minority protection. The study employs a legal-analytical methodology, systematically reviewing relevant international instruments, domestic Ukrainian legislation, and case law, alongside contextual political analysis. Special attention is given to the ambiguities in legal interpretation and implementation, as well as the evolving role of kin-state advocacy by Hungary. Findings reveal that while formal guarantees for minority language education still exist, their scope has been significantly reduced by recent education and language laws. Although a 2023 amendment restored certain rights for EU-language minorities, such as Hungarians, the broader legal and institutional environment remains fragile and politically contingent. The case study contributes to the literature by highlighting the central role of linguistic rights within the broader framework of minority protections and by demon strating how legal uncertainty and gradual legislative regression can erode previously established guarantees in this field. Its conclusions offer critical insights into the tension between nation-building and minority inclusion in post-Soviet and conflict-affected Ukraine.
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    The right to education in minority languages before the European Court of Human Rights. Recent case law
    (Károli Gáspár Református Egyetem, 2025) Crnić-Grotić, Vesna
    This article analysed the most recent decisions delivered by the European Court of Human Rights on the right to have education in minority languages for the members of such minorities based on the European Convention on Human Rights. The Court basically confirmed its long-established stance that state parties have no duty to ensure education in languages other than the official one (or more, as the case may be). These decisions have also confirmed that the European Convention on Human Rights is not suitable or is suitable in a limited fashion for the protection of some specific human rights of the members of nation al and linguistic minorities. It is regrettable that the Court did not use the opportunity to expand the interpretation of the Convention to also cover the right to education in minority languages. Such an interpretation could have relied on the two Council of Europe treaties dedicated specifically to the protection of minorities and their languages. These treaties have recently celebrated the 25th anniversary of entering into force: the European Charter for Regional or Minority Languages and the Framework Convention for the Protection of National Minorities.