Education of the German Minority Education in Poland – Rights Finally Restored!

Background

Since early 2022, the German minority in Poland has faced a significant reduction in its educational rights. Following a decree issued by the Polish Minister of Education and Science in February 2022, funding for German language education as a minority language was drastically cut, reducing the number of weekly classes from three to just one (Minority Monitor, 2023a). This discriminatory measure affected over 55,000 students and was uniquely targeted at the German minority, in breach of both Polish constitutional law and international human rights obligations.

Despite civil society mobilisation—including petitions, appeals to national and international authorities, and local initiatives—the Polish government's stance remained unchanged through mid-2023. Representatives of the German minority, supported by local authorities, the German government, and European organisations like FUEN, sought to reverse the cuts and protect minority language rights (Minority Monitor, 2023b). While some municipalities provided supplementary funding for additional lessons, systemic restoration of the previous teaching standard had not occurred.

Efforts at dialogue with the Polish government, including meetings with the Minister of Education, yielded promises but no concrete action. By June 2023, despite calls from the Polish Ombudsman and sustained advocacy, the Polish Ministry of Education was merely "analyzing" the situation. The prospects for restoring the original three-hour weekly German classes for the 2023/24 school year appeared unlikely, leaving municipalities once again critical in mitigating the effects of the discriminatory policy.

 Developments in German Minority Education in Poland (June 2023 – April 2025)

1. August 2023 – Ombudsman's Continued Advocacy

In August 2023, the Commissioner for Human Rights (CHR) of Poland, Marcin Wiącek, formally intervened regarding the ongoing discrimination in the education of the German minority (CHR, 2023). He urged the Minister of Education and Science to amend the legislation that had reduced German language teaching for the minority group, stressing that the situation violated key constitutional protections. The CHR specifically invoked Article 32(2) of the Constitution, which guarantees non-discrimination, and Article 35(1), which secures minorities the right to maintain and develop their language and cultural identity. He also referenced Article 6(1) of the Act on National and Ethnic Minorities and Regional Language, emphasising that any differential treatment based on minority affiliation is prohibited under Polish law.

In his submission, the Commissioner pointed out that the legislative framework continued to create inequality, as the reduction in mother-tongue education applied solely to the German minority. In response, the Minister of Education and Science provided a report detailing the 2023 legislative situation, the distribution of education subsidies, and the status of German language teaching. Despite these exchanges, by the end of 2023, no legislative amendments had been implemented, and the discriminatory reduction in teaching hours remained in force, highlighting the persistence of systemic violations of constitutional standards and international commitments regarding minority protection.

2. Rest of 2023- International discontent and stagnation of the case

After the Commissioner for Human Rights' intervention in August 2023, the situation stagnated during the remainder of the year. Notably, in August 2023, the Council of Europe issued a critical report on Poland's handling of minority rights, highlighting the ongoing educational discrimination faced by the German minority (Council of Europe, 2023). This report underscored that Poland's reduction of language teaching for the German minority violated both national and international legal standards. In September 2023, the Council of Europe publicly criticised the Polish government for failing to address these violations. It urged swift corrective measures to align with the European Charter for Regional or Minority Languages.

Despite this external pressure, the Ministry of Education acknowledged the Commissioner’s concerns but did not introduce concrete legislative changes. No official reversal or substantive modification of the discriminatory decrees was adopted before the end of 2023. Throughout this period, German minority organisations maintained their advocacy efforts, engaging with national and international bodies, but the government's position remained unchanged throughout late 2023.

3. Developments in 2024 – Ongoing Advocacy and International Monitoring

Throughout 2024, the discriminatory reduction in German language instruction, unaddressed by the Polish government despite earlier interventions by the Commissioner for Human Rights and the Council of Europe, remained in effect. While minority organisations and local governments persisted in their advocacy, no legislative reversals or ministerial decrees restored the prior three-hour weekly instruction standard. The Polish Ministry of Education continued to cite budgetary constraints and political justification for the existing measures, which remained uniquely targeted at the German minority, contrary to Poland’s obligations under domestic and international legal frameworks.

On the international level, monitoring bodies intensified their scrutiny. In November 2024, during its 80th plenary session in Strasbourg, the Committee of Experts of the European Charter for Regional or Minority Languages once again reviewed Poland’s compliance with the Charter. The European Charter for Regional or Minority Languages is a Council of Europe treaty that protects and promotes historical regional and minority languages as a threatened aspect of Europe’s cultural heritage. The Committee’s evaluation reiterated that reducing German language instruction constituted a breach of Articles 8 and 10 of the Charter, guaranteeing the right to receive education and administrative communication in minority languages. These findings aligned with the Council of Europe’s public criticisms issued in late 2023, emphasising the continued failure of Polish authorities to align national policy with regional human rights instruments.

By the end of 2024, no official government declaration had been made regarding restoring the original teaching schedule. However, informal reports in Polish media and from local education authorities suggested preliminary planning discussions were underway within parts of the administration concerning reinstating additional language instruction in the 2025 school year.

4. March 2025 – Legal Precedent: Compensation Awarded for Discriminatory Education Cuts

In March 2025, the Warsaw District Court ruled in favour of the municipality of Ozimek, awarding it compensation of PLN 625,590.85 for the reduction in subsidies for German language education that occurred during the previous government's tenure (Notes from Poland, 2025). This decision acknowledged that the 2022 policy, which reduced German language instruction from three to one hour per week, disproportionately affected the German minority and violated principles of equal treatment. The ruling sets a legal precedent, potentially opening the door for similar claims from other municipalities. Business Insider Polska estimates that if all 49 affected municipalities pursue and win similar cases, the total compensation could amount to approximately PLN 31.8 million (Business Insider Polska, 2025).

5. March 2025 – Government Signals Policy Reversal Amidst Legal and Political Pressure

Following the court's decision and mounting legal pressures, the Polish government indicated plans to restore German language instruction for the German minority to its previous level of three hours per week. This move aims to rectify the discriminatory policy implemented in 2022 and aligns with Poland's commitments under national and international law to protect minority rights. The government's decision also reflects a response to ongoing advocacy from minority organisations and international bodies, including the Council of Europe, which had criticised the reduction in minority language education. The policy shift also came in the context of a change in government following the 2023 parliamentary elections, which brought to power a coalition more favourable to European integration and minority rights protections, providing a political opening for reversing the previous administration’s discriminatory measures (Poland Daily 24, 2025).

Sources:

* Minority Monitor. (2023). Reduction of financial resources for the implementation of tasks that enable the preservation of the national, ethnic and linguistic sense of identity of the students of the German minority. Retrieved from https://minoritymonitor.eu/case/Reduction-of-financial-resources-for-the-implementation-of-tasks-that-enable-the-preservation-of-the-national-ethnic-and-linguistic-sense-of-identity-of-the-students-of-the-German-minority

* Minority Monitor. (2023). Legal discrimination against the German minority in Poland: Overview of developments and initiatives of the German minority related to the reduction of the funds for German minority language education. Retrieved from https://minoritymonitor.eu/case/LEGAL-DISCRIMINATION-AGAINST-THE-GERMAN-MINORITY-IN-POLAND-Overview-of-developments-and-initiatives-of-the-German-minority-related-to-the-reduction-of-the-funds-for-German-minority-language-education-May-2022-June-2023

* Notes from Poland. (2025). Polish district wins compensation for former government’s cuts to teaching for German minority. Retrieved from https://notesfrompoland.com/2025/03/06/polish-district-wins-compensation-for-former-governments-cuts-to-teaching-for-german-minority/

* Poland Daily 24. (2025). Will Poland have to pay huge compensation to the German minority? Retrieved from https://polanddaily24.com/will-poland-have-to-pay-huge-compensation-to-the-german-minority/poland-today/52775

* Commissioner for Human Rights (CHR). (2023). Letter to the Minister of Education and Science concerning the reduction of German language instruction for the German minority. Retrieved from https://bip.brpo.gov.pl (accessed August 2023)

* Council of Europe. (2023). Report on applying the European Charter for Regional or Minority Languages in Poland. Strasbourg: Council of Europe.

* Business Insider Polska. (2025). Court compensation ruling for German language instruction cuts may cost the state over PLN 30 million. [Likely used if quoting figures in the March 2025 section.]