A Jurisprudential Study On Protection Of Minority Rights

As the development of the human history, the citizens of most of the countries in theworld have been made up of people from multi-nations and multi-cultures. In the past, mostcountries have to some extent, experienced conflicts in politics, economics, societies andcultures generated out of diversity, the harmonization of which shall not completely rely onpolitical strategies and moral goodness, it is, however, equally important to establish a stableand harmonious social relations that based on the values of human rights, equality andfreedom, through legal means. Conflicts between different areas and different culturecommunity shall never be ignored by a civilized society and whether the rights of minoritieshave been effectively guaranteed by law shall eventually influence the national developmentand social progress.This article tries to take a preliminary research into the development of the protection forthe minorities’ right from the angle of the jurisprudence, and it will be discussed in four parts.The first part discusses the basic concepts of the minority rights, including the definitionof ‘minority’ and the contents of the minorities’ rights. Aiming in obtaining a betterunderstanding of connotation and extension of the minorities, it will make clear the basicscope of relative questions, and distinguish the difference between the concept of theweakness, ethnic group and the minorities in the democratic politics with the concept of the‘minority’.The second part deals with the jurisprudential basis of protection of the minorities. It willjustify the protection of minorities from the basic values of human rights, equality andfreedom.The third part introduces the historical course of protection of the minorities. To bespecific, illustrating the progress of how did the government turn from neglecting the right ofminorities into respecting and protecting, as well as take a series of strategies and approaches,diversity policies, federalism, system of regional ethnic autonomy and conclude internationalconvention, for example, to strengthen the protection of the minorities under the majorityprinciple.The last part provides some basic proposal for establishing the legal system of minorityprotection. First of all, to establish the principle of minority protection, that is to reasonablyallocate the responsibilities of the government and the minorities, under the instruction ofprohibition of discrimination principle, special protection principle and encouragingparticipation principle. Meanwhile, make a clear definition about minority protection, in casethe problem of reverse discrimination. Last but not the least, try to provide path choices forlegal system of minority protections from the aspects of legislation, enforcement of law andadministration of justice.