Правове регулювання вивчення дітьми-мігрантами мови, якою здійснюється викладання в закладах загальної середньої освіти в Німеччині, Польщі та Франції

The scientific article analyzes the legal regulation of learning by migrant children the language of instruction in general secondary education institutions in Germany, Poland and France. It is substantiated that the language competence of a “migrant student” in the legal systems of the indicated states is not considered a prerequisite for access to education, but is legally transformed into the subject of the positive obligation of the state to eliminate actual barriers to the realization of the right to education. All three states, Germany, Poland, France, proceed from the same basic principle: a child’s lack of proficiency in the language of instruction at school, or proficiency in it at a level insufficient for the educational process, cannot be a basis for restricting or postponing the realization of the right to education. Based on the analysis of constitutional provisions, laws on education, and subordinate regulations, it was established that Germany has a language integration model in which the obligation of German as the language of instruction is combined with a legal requirement for the states to provide intensive and individual language support within the school system. Poland has an integration model based on the consolidation of the right of foreign children to free education and additional Polish language classes, which ensures rapid adaptation to the educational process in conditions of mass migration. The French model is centralized, in which the language integration of migrant students is institutionalized through nationwide mechanisms for specialized French language training and the gradual inclusion of children in regular classes. It has been proven that all three models have in common the recognition of language support as an integral element of guaranteeing equal access to education and implementing the principle of the best interests of the child, in accordance with the UN Convention on the Rights of the Child. It is established that the differences between the models are due to the peculiarities of the state system, the degree of centralization of educational policy and the legal traditions of migrant integration. It is concluded that effective legal regulation of learning the language of instruction by migrants consists in transferring the burden of linguistic adaptation from the child to the state as the bearer of positive obligations in the field of ensuring the right to education.