On 12 and 10 July 2024, the Constitutional Court of Latvia rendered two judgments finding that the 2022 stage of the education reform, which concluded a decades-long gradual reform and foresaw the transition to education in the State language in private and public education institutions, is compatible with the right to education, rights of minorities, and the principle of legitimate expectations (legal certainty). These judgments are final.
The Court also noted that the use of Russian language in Latvia is still widespread. It has been characterised by experts and polls as self-sufficient. The specific circumstances of Latvia as a result of its occupation by the USSR and because of the vast Russification policies implemented by the occupying power, which have a particular importance in the current geopolitical context, clearly justify the need to strengthen the status of the Latvian language as the State language in Latvia. Consequences of the lack of sufficient knowledge of and proficiency in Latvian still affect persons belonging to minorities. In particular, the Constitutional Court noted that it affects the ability of persons belonging to minorities to take part in democratic processes, their success in the labour market, etc. These persons are particularly vulnerable to and affected by Russian disinformation, which can ultimately lead to their self-segregation. Transition to education in Latvian, the State language of Latvia, therefore aims to prevent self-segregation of people belonging to minorities and to facilitate their inclusion in the society of Latvia. It also strives to create a cohesive society, which is especially important in the current geopolitical circumstances.
The Constitutional Court concluded that the 2022 stage of the education reform ensures that pupils in private and public education institutions, including pupils with special needs, can continue to enjoy their language and culture, learn about it, and develop it. The Constitutional Court also recognised that the 2022 stage of the reform respects the autonomy of private education institutions in the creation of educational content that is related to minority culture, including through interest-related education programmes. Additionally, the minority interest-related education programme set up by the State is available to all pupils of public education institutions free of charge. This ensures that minority language and culture is preserved and developed. Pupils from both, private and public education institutions, can receive individualised and personalised support to learn the State language.
The Constitutional Court conducted a detailed assessment of all the relevant factual and legal considerations of the case. It considered at length all the arguments raised by the applicants, the persons invited to present their opinion about the legal circumstances of the case, including representatives of public and private education institutions, as well as the representative of the Saeima. The Court also carried out a thorough assessment of Latvia’s international human rights obligations. With respect to Latvia’s obligations under the Framework Convention on National Minorities, the Constitutional Court explained that interest-related education programmes are an appropriate measure to ensure that children belonging to national minorities can learn their minority language, culture, and preserve their unique characteristics. Education institutions in Latvia are not prevented from expanding interest-related minority education programmes.
The Constitutional Court found that the 2022 stage of the education reform does not affect the quality of education to be obtained in public and private schools. When implementing the transition to education in Latvian, the competent authorities have provided for the necessary financial and other resources and materials, guidelines and trainings for teachers. The authorities have also assessed the impact of the reform on education institutions and pupils, and have established a mechanism to control and monitor the quality of education.
Private education institutions in Latvia enjoy greater autonomy giving them wider discretion in relation to education programmes and methods. Private education institutions have sufficient means and opportunities to ensure that minority languages, culture, and subjects related to their ethnic peculiarities are included in the education process, including in interest-related education programmes. In the framework of the reform, Latvia has foreseen opportunities for private education institutions to receive funding and methodological support to implement minority interest-related education programmes.
Changes to the domestic legal framework on the use of Latvian in education entered into force approximately 10 months after their adoption by the legislator. In this period of time, it was possible for those affected to properly prepare for the impact of the changes. Whereas, pupils who underwent the transition received support, for which the legislator had foreseen additional funding.
For more information, please contact the Ministry of Education and Science (Head of Communication Department Edijs Šauers, Phone: + 371 294 71 298, E-mail:edijs.sauers@izm.gov.lv) and the Constitutional Court of Latvia (Head of the Communications and Protocol Unit Ksenija Vītola, Phone: + 371 283 04 809).