論多元文化教育之憲法基礎及其於我國原住民族法制之體現

The Foundation of Multicultural Education in the Constitution and its Realization in the Law of Indigenous People in Taiwan

我國憲法本即具備教育自由權利及教育機會均等之內涵，在此等自由、平等的人權概念基礎下，自可建構符合現代法治國所需的教育制度與政策。然隨著社會愈趨開放，人際間個別差異不但愈難避免與忽視，在尊重多元價值的價值理念下，更應予以正面肯認；因此，扶助弱勢以積極實踐教育機會均等，遂成為教育法制與政策之重要內涵。惟進一步而言，經濟扶助措施不但無法一體適用不同類型的弱勢者，更須避免陷入以同化弱勢族群為終極目標之反多元現象。本文認為，扶助措施縱有事實上的必要，亦應以肯定多元文化價值之憲法寬容理念為法制要素，俾使弱勢者得能藉此擁有自我開展的契機與空間；換言之，基於維持多元及調和衝突的必要性，多元文化教育除須立足於前揭憲法平等原則外，更有賴以寬容理念為法理建構及政策規劃之依歸。本文除論述以平等與寬容做為多元文化教育法理支撐之適切性外，亦將就此分析我國原住民族法制中的相關具體內涵。

The Constitution encompasses notions of freedom of education and equal educational opportunities, which help construct the educational structure and policies in a democratic country ruled by law. Because of the openness in society, individual differences become difficult to avoid or ignore, but needs to be recognized. Helping the disadvantaged to promote equal educational opportunities thus becomes a major concern in the education law and policies. However, the measures taken to help one particular disadvantaged group might not apply to another. Additionally, the measures should avoid pursuing the goal of assimilating the disadvantaged into the mainstream, which goes in an entirely opposite direction of promoting a multicultural society. This paper takes the stance that it is necessary to help the disadvantaged. Yet, it is also essential to incorporate the conception of tolerance in the Constitution in order to allow the disadvantaged greater possibility and space for self-enhancement. In other words, multicultural education should be built based upon the principle of equality to maintain pluralism and to moderate conflicts. It should also rely on the conception of tolerance for jurisprudential development and policy making. This paper discusses the appropriateness for the principle of equality and the conception of tolerance to serve as the basics of multicultural education in the law system. It also scrutinizes the law related to the indigenous groups in Taiwan.