The right to education in the mother tongue for Ukrainian refugees in Romania according to international and national law

Abstract

Since the outbreak of the Russian invasion in February 2022, millions of Ukrainian citizens have sought refuge in Romania, with a significant number of people still remaining in the country as of the latest reports. Romanian government data indicate that by April 2024, approximately 154,617 Ukrainian refugees, including 50,000 school-aged children, were residing in the country. Before this crisis, Romania had established robust educational language rights for its Ukrainian minority of around 40,000 citizens. This study rigorously examines these pre-existing language rights within Romania’s legal framework, focusing on public education provisions. Central to the inquiry is whether the comprehensive language rights afforded to Romania’s Ukrainian minority could be extended to the Ukrainian-speaking refugees. The study begins with an introduction contextualizing the refugee crisis and outlining the existing legal framework for minority language rights in Romania. The legal analysis covers constitutional and sub-constitutional provisions, alongside with an examination of international agreements such as the bilateral treaty between Romania and Ukraine, the Framework Convention for the Protection of National Minorities, and the European Charter for Regional or Minority Languages. Special emphasis is placed on education provisions, including curriculum design, textbooks, language of instruction, and decision-making. By addressing these pivotal questions, this study contributes to the theoretical discourse around the personal scope of minority language rights in Europe and offers a nuanced insight into Romania’s legal framework on minority language education. It also seeks to elucidate how Romania’s legal commitments accommodate both established minority communities and newly arrived refugees with similar linguistic and cultural backgrounds. Further sociological research is needed to explore the implementation of Ukrainian-language education to the benefit of the Ukrainian refugees, which was beyond the scope of this study. Nevertheless, Romania possesses all the necessary legal elements to serve as a truly best practice model in Europe for organizing and ensuring good quality education in the mother tongue for Ukrainian refugees.