義務教育下原住民族教育的憲法建構與檢討

Abstract

In political, social, economic, and even educational sphere, indigenous peoples have been in comparative inferior status due to the colonial governance. The Education Act for Indigenous Peoples had been enacted on 17th, June of 1998, but the substantive equality in educational environments for indigenous peoples could be ensured or not is still uncertain. In fact, examining the related compulsory-education regulations, we can see that the mainstream culture still dominates the design of school systems and the contents of education, that there is a lack of consideration of the cultural differences of Austronesian. The school education lacking of consideration toward cultural differences might lead to the collapse of indigenous peoples’ culture and the obstruction of the formation of indigenous peoples’ character. Therefore, it is necessary to reconsider whether the existing educational system is suitable for indigenous peoples’ children or not. To solve the problem, we must construct the picture of education for indigenous peoples under the Constitution. First, to draw the picture of education for indigenous peoples, this essay starts with principles of the Constitution - the principle of democratic state; the principle of rule of law; the principle of social state; the principle of pluralistic culture. Second, compared to the national obligation to build up educational environment for indigenous peoples, whether they have corresponsive fundamental right? For that matter, which one is the basis of fundamental rights for indigenous peoples’ education, the academic freedom of Article 11 of the Constitution, the freedom of religion of Article 13 of the Constitution, the fundamental right of education of Article 21 of the Constitution, or the general fundamental rights of Article 22 of the Constitution? This study tries to find out the basis of fundamental rights for indigenous peoples’ education through the legal dogmatics. Last, this study tries to review the indigenous education in the compulsory education with the fundamental rights for indigenous peoples’ education. In fact, the protection of indigenous peoples’ education under the Constitutional law is not merely norms, but, most importantly, should be implemented in schools. In promoting the education of indigenous people under compulsory-education system, we should always bear in mind that helping them achieve self-actualization is the first priority. In addition, while we reconsider the current educational system, we should also avoid creating a pro-mainstream culture system, that would confine the development of their self-actualization.

Date of Award	2013 Jan 22
Original language	Chinese
Supervisor	Yue-Dian Hsu (Supervisor)