The Constitutional Justification of Indigenous Peoples’ Right to Education
Date Issued
2014
Date
2014
Author(s)
Kakubaw, Semaylay i
Abstract
In 1998, the Legislative Yuan passed the Education Act for Indigenous Peoples. Due to the coincidental division of “general education” and “ethnic education” and the gap between norms and practice of the Education Act for Indigenous Peoples, the notion, “indigenous/aboriginal education in accordance with the will of the ethnic groups/peoples”, provided in Article 10 of the Additional Articles of the Constitution, still cannot respond to the demands on “regaining right to education” and “ensuring the continued survival” from indigenous peoples in Taiwan. This thesis focuses on the civil education and aims to suggest the constitutional interpretation and construction of indigenous peoples’ right to education. It, on one hand, examines the constitutionality of the practice of indigenous people’s individual right to learn and receive a civil education under Article 21 of the Constitution, on the other hand, presents the justifications of indigenous peoples’ collective right to education, including its constitutional basis and scope of protection. In terms of the constitutional theory, it further discusses the Tribal Schools policy and the case of Pinuyumayan Tribal Schools, points out its implications and limitations of indigenous peoples’ right to education. Accordingly, this thesis suggests that the Education Act for Indigenous Peoples shall be amended and provides some advises about institutional practice to fulfill the indigenous peoples’ right to education in the future.
Subjects
原住民族教育權利
原住民族集體權
原住民族教育法
民族教育
部落學校
卑南族
Type
thesis
File(s)![Thumbnail Image]()
Loading...
Name
ntu-103-R95a21020-1.pdf
Size
23.32 KB
Format
Adobe PDF
Checksum
(MD5):127f25783a83674cfccbfb98c4249bda