CONSTITUTIONAL AND LEGAL ASPECTS OF LANGUAGE POLICY REGARDING NATIONAL MINORITIES IN UKRAINE
Journal: International scientific journal "Internauka." Series: "Juridical Sciences" (Vol.1, No. 78)Publication Date: 2024-08-31
Authors : Ihnatova Anastasiia;
Page : 47-52
Keywords : protection of human rights; human rights; international protection of human rights; national minorities; ethnonational policy;
Abstract
Introduction. The article analyzes the constitutional and legal foundations of linguistic rights of national minorities, as well as their implementation in various spheres of public life. Particular attention is paid to the restriction of language rights and their compliance with international human rights standards. Legal mechanisms of protection of linguistic rights of national minorities and their effectiveness in the conditions of modern Ukraine are investigated. The problems and prospects of language policy development are covered, taking into account the national security and territorial integrity of the state. The author analyzes the current challenges associated with ensuring the linguistic rights of national minorities under the conditions of martial law in the country and legislative instability, which is associated with the implementation of the recommendations of the Venice Commission on language policy and the rights of national minorities. The article provides prospects for the development of legislation and improvement of mechanisms for protecting the linguistic rights of national minorities. In the conditions of modern Ukraine, the issue of protecting the linguistic rights of national minorities is of particular relevance. This article examines the main legal mechanisms that protect the linguistic rights of national minorities, and also analyzes their effectiveness. Purpose. Study the constitutional and legal aspects of the language policy towards national minorities in Ukraine, identify the main problems and propose ways to solve them. Materials and methods. The study materials are: 1) legislation of Ukraine on language, namely: The Constitution of Ukraine, the Declaration of the Rights of Nationalities of Ukraine, the laws of Ukraine “On Ratification of the European Charter for Regional or Minority Languages,” “On National Minorities (Communities) of Ukraine,” “On Ensuring the Functioning of the Ukrainian Language as the State Language” and other normative legal acts regulating the use of languages, including international treaties, the consent to which is provided by the Verkhovna Rada of Ukraine. 2) works of domestic and foreign authors conducting their scientific and practical research on the protection of linguistic rights of national minorities. To study the linguistic rights of national minorities, an integrated approach was used, including various methods: the methodological approach helps to develop the concept and structure of the study; cultural approach considers language rights as part of cultural heritage.; an axiological approach analyzes the values and principles of language rights; the scientific approach generalizes the concept and structure of language rights; the historical approach explores the development of language rights; pluralism allows a free choice of methodology; the dialectical approach provides a comprehensive study; synthesis forms a general definition of language rights. Induction and deduction are used to form conclusions; comparison compares the experience of different countries to ensure language rights; a sociological approach explores international regulations. Results. The study of the constitutional and legal aspects of the language policy towards national minorities in Ukraine revealed the influence of international treaties on the legislation of Ukraine. The study showed that international treaties ratified by Ukraine have a significant impact on the formation of the national language policy, contributing to the integration of European standards into national legislation.
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