The right to mother tongue education for national minorities in international human rights law in the light of Lithuania

Abstract

This thesis aims to determine whether there is a human right to education in mother tongue for national minorities in international as well as regional human rights law. Its goal is to contribute to the existing research by evaluating and assessing the available treaties as well as non-binding documents issued by United Nations, Council of Europe and Organization for Security and Co-operation in Europe and provide a comprehensive comparison of normative standards on mother tongue education, with particular reference to national minorities.
It is argued that despite there is currently no binding obligation on states to provide access to schools with national minorities’ language of instruction, the new standard is slowly emerging and the necessity to provide education in mother tongue is acknowledged in international community. In particular, the non-binding recommendations, both at the international and European level, recognize the importance of providing instructions in one’s tongue as crucial for the individual child’s development and a necessary ingredient for the enjoyment of national minorities’ cultures.
The discussion on standards stemming from international conventions and recommendations is supplemented with a case study on Lithuania. For decades, its legislation on national minority and education in mother tongue, used to be a great example of broadmindedness and supportiveness in this regard. Although today it is still a signatory to some of the core international documents that aim to protect diversity, Lithuanian standards securing national minorities’ rights to mother tongue education are slightly deteriorating, which can be seen as a general worldwide tendency. Moreover, it is pointed out that Lithuanian hesitation towards joining two of the core documents on the protection of minority languages and discrimination in education is regrettable, especially taking into account the current disheartening shift towards populism and nationalism.
The thesis suggests that in order to secure the principles of pluralism and cultural diversity, the education in mother tongue for national minorities should be provided by the states in order to further human rights standards and it is necessary to advertise free education in mother tongue to all, until the pursuit of the human right to mother tongue education is fully realised.

Popular Abstract

This thesis aims to determine whether there is a human right to education in mother tongue for national minorities in international as well as regional human rights law. Its goal is to contribute to the existing research by evaluating and assessing the available treaties as well as non-binding documents issued by United Nations, Council of Europe and Organization for Security and Co-operation in Europe and provide a comprehensive comparison of normative standards on mother tongue education, with particular reference to national minorities.
It is argued that despite there is currently no binding obligation on states to provide access to schools with national minorities’ language of instruction, the new standard is slowly emerging and the necessity to provide education in mother tongue is acknowledged in international community. In particular, the non-binding recommendations, both at the international and European level, recognize the importance of providing instructions in one’s tongue as crucial for the individual child’s development and a necessary ingredient for the enjoyment of national minorities’ cultures.
The discussion on standards stemming from international conventions and recommendations is supplemented with a case study on Lithuania. For decades, its legislation on national minority and education in mother tongue, used to be a great example of broadmindedness and supportiveness in this regard. Although today it is still a signatory to some of the core international documents that aim to protect diversity, Lithuanian standards securing national minorities’ rights to mother tongue education are slightly deteriorating, which can be seen as a general worldwide tendency. Moreover, it is pointed out that Lithuanian hesitation towards joining two of the core documents on the protection of minority languages and discrimination in education is regrettable, especially taking into account the current disheartening shift towards populism and nationalism.
The thesis suggests that in order to secure the principles of pluralism and cultural diversity, the education in mother tongue for national minorities should be provided by the states in order to further human rights standards and it is necessary to advertise free education in mother tongue to all, until the pursuit of the human right to mother tongue education is fully realised.

• author: Mendecka, Karolina
• supervisor: Alejandro Fuentes
• organization: Department of Law; Faculty of Law
• course: JAMM07 20181
• year: 2018
• type: H2 - Master's Degree (Two Years)
• subject: Law and Political Science
• keywords: human rights, language rights, mother tongue education, national minorities, right to education
• language: English
• id: 8954767
• date added to LUP: 2018-11-21 17:31:10
• date last changed: 2018-11-21 17:31:10