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.