Un punct de vedere juridic cu privire la manifestarea identității naționale în condiții de egalitate de șanse în educație
A legal point of view regarding the manifestation of national identity under conditions of equal opportunities in education

Summary/Abstract: The article intends to present, in the context of the case Adam vs. Romania in front of the ECHR, some answers regarding, on the one hand, the existence of a possible form of discrimination regarding the fact that Romanian students belonging to the national minorities have to take, as part of their baccalaureate exam, both written and oral exams of Romanian language and literature, as well as of their own language and literature; and on the other hand regarding the possible discriminatory character of the way in which the written and oral exam in their mother tongue is organized for students belonging to national minorities, in that the students have less time to prepare and / or rest between exams compared to students who do not have such a test. The author expresses his opinion that the first issue analyzed is not a form of discrimination, as the right of persons belonging to a minority to maintain their national identity, including in the sense of education and training, throughout life, in the mother tongue, goes along with the duty to assume the official language and to integrate into society. Respecting the principle of non-discrimination implies taking into account the different and specific situation of national minorities, which imposes the right to receive different treatment, including in the field of education, in the sense of special measures or affirmative / positive public policies. Such measures may take the form of special school programs for learning the Romanian language, specifically aimed at members of a national minority, different from the mainstream classes both regarding the methods of teaching the Romanian language and literature, as well as the organization of specific examinations in the official language, adapted to the special situation of minority students.

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