Research On The Equal Protection Of The Minority's Rights

In the process of communication,there will be a collision of interests between different cultures.Different appeals of rights are the problems that the international society's human rights protection can not ignore.The minorities are inferior to the majorities in cultural and economic aspects.Whether their rights are effectively guaranteed is often the basis for measuring the vigorous development of a country's human rights business.However,there are still extensive controversies on the connotation of the minority in theory,and the real realization of the equal protection of the minority must be necessary.To truly achieve the equal protection of the minority,we must face the disputes in the academic field and concretely classify the minority.This paper,based on the theory and practice,explores the equal protection of the rights of the minority,starting with five parts.The first part facing the theoretical connotation of the basic protection for the minority rights of minorities in,through the scholars,the European human rights system and the United Nations's dispute on the definition of the minority,does not attempt to give a universal definition of the minority,but clarify further the minority with some objective and subjective elements by the method of analysis of elements.It points out that the minority meets four elements in objective aspects:showing ethnic,religious or linguistic group characteristics,being the minority in number,occupying a non dominant position,and living in a country of residence for a certain period of time.And in the subjective aspect,it has strong subjective identification for maintaining and continuing its own group characteristics.In addition,some related concepts,such as national minority,the disadvantaged group and the Aboriginal people,are distinguished from the related concepts.The second part collate the core part of the representative theory of Rawls,Nozick and Dworkin,pointing out that the equal protection of the rights of the minority does not mean the form of undifferentiated treatment,but allows the policy of differential preferential treatment to provide for the improvement of the minority status.And it provides reasonable theoretical support.The third part,on the basis of the second part theory of equality,concretely enumerates the contents of the special rights of the minority,including the enjoyment and maintenance of their own cultural rights,the right to believe in and practice their own religion,and the right to use their own language.After the theoretical explanation of each right,the typical cases are analyzed through practice.The fourth part points out the possible problems in international relief through the elaboration of the ways to seek relief for minority rights in international law.The fifth part points out the main problem of the minority is no longer a state that calls for the affirmation of rights due to too much discrimination.In fact,many countries have balanced the inferior position of the relative majority on the basis of paying attention to the rights of the minority.Some of the majority claim that the differential treatment of preferential policies for minorities has made the majority of people suffer anti-discrimination in terms of access to resources and employment opportunities.Through the objective analysis of the preferential policy,the author trys to figure out whether the relative position of the majority and the minority has been reversed.It is found that the reverse discrimination is actually more of the subjective feelings of the majority of the people,and has not taken place objectively.The author also realize that even if the minorities who seem to enjoy a variety of welfare policies are also beset by stigma,the implementation of preferential policies will cause discomfort to a certain extent to the minority and the majority,and therefore should be subject to the necessary restrictions.Recognizing the various risks existing in the protection of minority rights and targeting them,we can truly realize the equal protection of minority rights.