Research On The Application Of The Principle Of Equality In The Protection Of Minority Human Rights

The equal protection of rights of minority is an indispensable part of democratic constitutional state, and equality is the core values and the ultimate purpose of human rights. The substance of the principle of equality along with concept of human rights is:the same treatment for the same things, and different treatment for different things. At this stage in contemporary China, this principle applied to the minority means that the application of human rights protection is:with the premise of the equal protection for everybody, in order to achieve substantial equal protection of human rights for minority, a variety of particular measures of benefits are required for minorities even though minority and Han are treated differently.Whether international conventions on human rights、inter-district Conventions on Human Rights, or Multi-ethnic states, both advocate substantive equality for minority. In order to achieve this goal, with the premise of the equal protection and non-discrimination principle, it should be emphasized that particular measures of benefits of different treatment are required for minorities, and different treatments should be reasonable and limited. In order to ensure the realization of human rights protection for minorities, both international laws and inter-district laws have developed a set of systematic protection mechanisms of human rights, and every nation has established a set of relatively comprehensive review of the constitutional basis of different treatment through judicial decisions form the Court.Currently, China adopted preferential measures of human rights protection of different treatment for minority. This is a rational agreement between minority and Han, as China’s positive actions required by cumulative circular causation, they are system arrangements request to achieve Pareto optimal, are also the theoretical appeal of multiculturalism, and in case of huge factual differences between Han and minority, they are also real needs for the building of legality for a unified multi-ethnic countries. The description above shows that the principle fits to constitutional equality, and is also of legitimacy.Empirical analysis shows that treatment differently for minority through preferential measures runs through the course of development of the equality in China, and is reflected in all levels of legal norms. For example, Policy of reduction scores of college entrance examination for minority confirmed that as long as the purpose of treatment differently for minorities is justified, means is necessary, and means taken can achieve the purpose, this kind of different treatment is reasonable, and it is not contrary to constitutional principle of equality, also does not constitute reverse discrimination against the Han.After all, treatments differently are positive measures taken by the State to intervene in the allocation of rights and restrictions. If improperly used, it may do harm to protection of human rights. Therefore, it is necessary to review treatment differently for minority through preferential measures to protect human rights in China’s ethnic minorities, and the key is to establish a minimum standard of review. In addition, the principle of treatment differently should follow the principle of legal reservation, the principle of minimum loss, and the reasonable limits of prohibition of irrational link.