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当代中国保障少数民族权利的发展

2016-09-28 18:24:52   来源:中国人权网   作者:王敏璇

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西南政法大学助教 王敏璇(赵一帆 摄)


当代中国保障少数民族权利的发展
1991—2014

  保障少数民族权利始终是中国人权白皮书的主要议题。通过对1991—2014年间由中国国务院新闻办公室发布的15部人权白皮书的分析,追溯当代中国保障少数民族权利在此时间段的发展,阐释保障少数民族权利具有无差别平等保护、特别保护及合法差别待遇等三个层次,指出在这23年里,中国坚持保障少数民族权利的平等原则,并普遍覆盖对公民和政治权利、经济、社会与文化权利的普遍保障,同时通过政策积极对少数民族权利进行特殊或重点保障则从根本上满足社会多样性的诉求。从中国保障少数民族权利的经验来看,中国遵循了平等原则,在实现普遍保护的同时,强调特别或倾斜性保护。可以说,这既符合中国的现实情况,亦符合中国全面推进依法治国的根本诉求。而在更高层面上,这样的权利保障则是追求整个社会公平与平等,以此实现建立一个多样性社会的目标。保障少数民族权利是中国政府的政治责任。中国政府主要通过政策安排对于少数民族各项权利的保障,同时在法律框架内推进权利保障的法治化。政策灵活性与法律稳定性的结合使权利保障成为全面、及时。显而易见的是,法律保障权利虽然十分有力,但是并非所有权利已经上升为法律权利,某些权利保障的空白则需要更具有行动力的政策来进行补足,法律与政策的合力从根本上促进了权利保障的良好局面。
 

Progress in the Protection of the Rights of Ethnic Minorities in Contemporary China
Between 1991 and 2014

WANG Minxuan

Protecting the rights of ethnic minorities of the country has always been a major topic in China’s white papers on human rights. This paper, on the basis of an analysis of the 15 human rights white papers released by the Information Office of the State Council, China’s cabinet, between 1991 and 214, reviewed the progress made by China in safeguarding the rights of its minority ethnic groups during that period, elaborated on the fact that the protection of minority rights consists of three levels, namely undifferentiated equal protection, special protection and legitimate differentiated protection. It went on to point out that during the 23-year period, China unswervingly upheld the equality principle in protecting minority rights, and ensured that such protection is universal and covers civil and political rights, economic, social and cultural rights; in addition, China implemented a number of policies to actively offer special or targeted protection for minority rights, with a view to thoroughly meeting the diversified needs and demand of its citizens. Judging by China’s records of protecting minority rights, it can be seen that China followed the equality principle and placed special emphasis on special or targeted protection on the basis of universal protection. Arguably, such a approach not only suits China’s actual conditions, but also in line with China's bid to comprehensively advance governance on the basis of the rule of law, which is in China’s fundamental interest. On a higher level, this approach to minority rights protection is intended to achieve equity and equality throughout society and in turn achieve the goal of turning China into a society of diversity. The Chinese government views protecting minority rights as one of its political obligations. Arrangements for the protection of minority rights are mainly made in the form of government policies; further, within the framework of laws, the Chinese government is also working to bring rights protection in line with the rule of law. Such a combination of policies, which are more flexible in nature, and laws, which are more stable in nature, ensures timely and comprehensive protection of rights. However, it is obvious that although law offers strong protection of rights, not all rights have been turned into statutory rights, leaving certain gaps in rights protection. In view of this, policies, which are more responsive, are needed to fill such gaps. In this way, an optimal combination of law and policy will bring about a favorable pattern for minority rights protection.

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