Equality Of Opportunity In Higher Education And Preferential Treatment For Ethnic Minorities Under Constitutional Law

It is strategically meaningful to protect the equal rights of ethnic minorities in admission to higher education. Preferential treatment for ethnic minorities in China started in 1950s when ethnic minority students were allowed a lower standard in admission. After nearly 60 years, China has established a mature preferential treatment system.Preferential treatment in higher education based on the general backwardness of ethnic minority in 1950s is regarded as naturally constitutional. However, this policy grounded on ethnicity , a characteristic inherited directly from parents, being independent of personal endeavor. This makes the preferential treatment facially conflict with equality on constitution.It is necessary to point out that preferential treatment for ethnic minorities is an affirmative action based on substantial equality. It is the realization of constitutional equality and the every-nation-is-equal-before-the-law-policy , which is helpful to consolidate and push forward the harmonious relationship between nations. Besides, the policy is based on a person s nation status, yet its beneficial content does not insult either ethnic minorities or majorities. Third, the p ursuit of substantial equality between nations is embedded in CCP s nation policies. To achieve that goal, Han nation must do necessary sacrifice for its minority brothers. This is the real meaning of Constitutional articles concerning equality between nations. As a result, preferential treatment is valid and constitutional.It is important to point out that preferential treatment is only a temporary measure. The poor condition of ethnic minorities in higher education, allocation of education investment, teachers, hardware and incapability of Mandarin together provide the legality of preferential policy for ethnic minorities in higher education. Meanwhile, the years long implementation of present policies does not fully achieve its expected goals, thus it is necessary to adopt some new measures, such as quota requirement, to accelerate equality between specific groups.