A/HRC/43/CRP.7
territory, in particular in public places where children may be present. This not only violates
the rights to freedom of assembly and freedom of expression, but also the Constitution. 100
109. In territory controlled by the self-proclaimed ‘republics’, the LGBTI community feels
compelled to keep a low profile and abstain from visible activities for fear of persecution.
OHCHR reiterates its concerns regarding LGBTI individuals’ inability to enjoy the full
spectrum of their human rights.
E. Language rights
110. On 9 December 2019, the European Commission for Democracy through Law (the
Venice Commission) published its opinion on the Law on Ensuring the Functioning of
Ukrainian as the State Language.101 The Venice Commission concluded that, largely due to
the absence of special legislation on the protection and use of minority languages, the current
legal framework fails to strike a fair balance between the legitimate aim of strengthening and
promoting the Ukrainian language and sufficiently safeguarding language-related rights of
national minorities, thus confirming concerns previously raised by OHCHR. 102 OHCHR
reiterates its call for the Cabinet of Ministers and Parliament to elaborate without undue delay
and through broad, inclusive consultations with representatives of national minorities and
indigenous peoples, a law on the realisation of the rights of indigenous peoples and national
minorities of Ukraine,103 as also recommended by the Venice Commission.104
111. On 16 January 2020, Parliament adopted the law on general secondary education,105
which affirms that both indigenous and minority languages may be taught as a subject, and
be used as the medium of instruction for other subjects throughout secondary education in
public schools, but at varying percentages as compared to Ukrainian.106 It also allows private
schools to choose the language of instruction as long as the educational facility ensures its
students master Ukrainian.
112. Overall, OHCHR considers that the legislation provides insufficient guarantees for
the protection and use of minority languages in the absence of a law on the realisation of the
rights of indigenous peoples and national minorities. The Venice Commission also raised
concerns that the law on education grants preferential treatment to EU languages over other
minority languages. Additionally, although the law on secondary education guarantees the
instruction in the language of indigenous people along with instruction in Ukrainian, it fails
to indicate the exact proportions. This raises concerns as to the level of protection provided
for indigenous peoples’ linguistic rights. The law on the realisation of the rights of
100
101
102
103
104
105
106
28
Articles 34 and 39 of the Constitution.
Opinion No. 960/2019, adopted at the Venice Commission’s 121st Plenary Session, 6-7 December
2019, available at www.venice.coe.int/webforms/documents/default.aspx?pdffile=CDLAD(2019)032-e.
See OHCHR, Reports on the human rights situation in Ukraine, 16 August to 15 November 2018,
para. 84, 16 February to 15 May 2019, paras. 80-81, 16 May to 15 August 2019, paras. 98-100, 16
August to 15 November 2019, paras. 87-88.
The law ‘On ensuring the functioning of Ukrainian as the State language’ instructed the Cabinet of
Ministers to submit to the Parliament a draft law on the realisation of the rights of indigenous peoples
and national minorities of Ukraine by 16 January 2020.
Venice Commission, para. 139. The adoption of such legislation will support Ukraine’s commitment
under SDG 10 and 16 to prevent manifestations of discrimination in society.
Draft law No. 0901 ‘On general secondary education’. As of 15 February 2020, it had not been signed
by the President.
For official EU languages, pupils must receive at least 20 per cent of their education in Ukrainian
starting from the 5th grade (no percentage is indicated prior to this grade), rising to 60 per cent during
grades 10 to 12 (the last three years of mandatory education). For other minority languages, 80 per
cent of instruction must be in Ukrainian starting from the 5 th grade. The Venice Commission had
recommended amending related provisions of the law on education on which the law on secondary
education is based. See Opinion No. 902/2017 on the provisions of the law on education of 5
September 2017 which concern the use of the State language and minority and other languages in
education available at www.venice.coe.int/webforms/documents/default.aspx?pdffile=CDLAD(2017)030-e. See also OHCHR, Report on the human rights situation in Ukraine, 16 November
2017 to 15 February 2018, para. 136.
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