| Summary: | 博士 === 國立臺灣師範大學 === 公民教育與活動領導學系 === 95 === The fact that the use of the Hakka language is on the decrease has caused a crisis for the preservation of Hakka cultural heritage; what’s worse, it may pose a threat to the existence of Hakka ethnic group. However, there is no legal protection for Hakka ethnic group which can help them solve the problems they are faced with. Both Hakka ethnic group and aborigine groups are among the minority groups in Taiwan. While the rights of aborigine groups are protected by legislation, the rights of the Hakka ethnic group are not. Because of the intrinsic differences between the two groups, the legislation for the aborigine group does not apply to the Hakka ethnic group. Therefore, the present study proposes that cultural rights, which are among the basic human rights, can effectively solve problems facing Hakka ethnic group
According to international human rights organizations, cultural rights are of equal importance as civic, political, economic and social rights, and all of the rights are indivisible. Every country should shoulder the responsibility of the protection of culture rights. Since cultural rights include the individual dimension and the collective dimension, they have provided a basis for minority groups when they advocate collective rights. For minority groups, it is the right of cultural identity that has the greatest effect in terms of the practice of cultural rights. Only when they have the right of cultural identity can other cultural rights be actually fulfilled. The right of cultural identity provides Taiwan Hakka ethnic group with a basis for the protection of their rights and for the development of their groups when they strive to solve the problems they are faced with.
The present study proposes that the cultural rights of Hakka ethnic group can be analyzed from two aspects. First, in the aspect of individual cultural rights, Hakkanese cultural identity, whether it is invisible, visible, or multiple identities, is a free choice of individuals. Whatever the choice is, it should be respected by both Hakka ethnic group and non-Hakka ethnic groups. Second, in the aspect of collective cultural rights, Hakka ethnic group can claim special rights from the government, which enables them to strengthen their group, enhance their identity and gain recognition from people outside the Hakka ethnic group. In terms of their demand for rights, Hakka ethnic group has a rightful claim on three rights: the right of self-government of Hakka affairs, the right to institutionalize the Hakka language and the right to represent Hakka benefits. Through the practice of the three rights, collective cultural identity can be enhanced, which in turn would strengthen ethnic identity. In addition, Hakka ethnic group can demand the government listen to their voice and promote their social status. As a result, all people in Taiwan can enjoy equal treatment and fair protection and a multi-cultural society can be constructed.
In conclusion, the government should take the responsibility for the protection of individual cultural rights and collective cultural rights, and deliberate a comprehensive plan which takes the two aspects into consideration. These rights should be constitutionalized or legislated to achieve concretization and legalization, which would definitely benefit Hakka ethnic group, helping them effectively solve such problems confronting them as the disappearance of the Hakka language, the preservation of Hakka culture, and the issue of ethnic identity.
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