Minority Language Rights and Education in China: The Relevance of Human Rights Law and Substantive Equality

Abstract

This chapter considers the potential role of international human rights law, especially provisions which are applicable to China, in mediating competing interests and objectives when determining minority language policy in the education context. In particular, it examines the content of – and the obligations arising from – the right to equality and non-discrimination and the right to equality in education. Equality, as understood in its substantive sense, requires an assessment of the actual situation of disadvantage faced by particular groups and the provision of appropriate remedies. While this principle can help ensure respect for minority language rights, political obstacles including state-building priorities often interfere with its practical realization in China.