Dolzhenkova E. —
The practice of the ECHR in cases of Russian-speaking residents of Latvia in the context of national security
// Politics and Society. – 2024. – ¹ 2.
– P. 51 - 62.
DOI: 10.7256/2454-0684.2024.2.71280
URL: https://en.e-notabene.ru/psmag/article_71280.html
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Abstract: National security issues in the Republic of Latvia are associated with political and historical discourse, when the Russian Federation, as well as the Soviet period, are defined in a negative connotation, which provides an opportunity for Latvian political forces to adopt laws and actions against the Russian-speaking population that contradict the principle of non-discrimination and the provisions of international and regional conventions for the protection of human rights and freedoms. The Latvian government explains such actions by referring to threats to national security and threats to the Latvian language, which, in Latvia's opinion, must be protected from the Russian language, as well as the criterion of knowledge of the state language is used in the context of the degree of integration of the Russian-speaking population, which, in turn, is also a sign by definition there is or is not a threat to national security. Using the formal legal method of studying the practice of the ECHR in cases of Russian-speaking residents against Latvia, there is a tightening of the Court's "policy" towards applicants, as well as the Court's use of the rhetoric of pan-European policy towards the Russian Federation, which manifests itself in making decisions. In this context, it is of interest to consider how the European Court of Human Rights, based on the European Convention on Human Rights, decides on cases of the Russian-speaking population against Latvia and what reasoning it uses. The human rights instruments that operate on the territory of the European Union are not separated from the pan-European political rhetoric, which allows the Latvian government to implement a discriminatory policy against the Russian-speaking population, citing threats to national security. This case may be relevant for the subsequent actions of human rights defenders when applying to the ECHR in the cases of Russian citizens who are currently in Latvia and are unable to undergo the necessary procedures to confirm their knowledge of the state language. And also for researchers dealing with the situation of the Russian-speaking population in the Baltic States.