平等机会委员会与平等权利保护——香港的经验

Committee of Equal Opportunity and Protection to Equal Right:Experiences from Hongkong

平等权是宪法所确认的公民的基本权利,但由于平等问题的复杂性,平等权利保护面临着诸多困境。探讨在中国建立一种以实现社会公正为目的,以接受市民反歧视投诉为手段,以非司法性方法解决平等权纠纷并结合宣传、教育、法律协助等综合职能的平等权利保障机构的可能性,具有重要的意义。分析香港平等机会委员会运作的优势与不足,中国大陆可以在如下几个方面有所借鉴:制定统一的、更富操作性的反歧视立法;建立反歧视立法的执行机构;建立该机构与立法、行政、司法三机关之间的合理联系;注重反歧视投诉机制的合理性和科学性。

Equal right is the citizen＇s basic right which is eonfirmed in the constitution, but protection to equal right is being faced with a lot of difficulties because of the complexity of the problem. It is very important to discuss the probability of constructing the protection organization of equal right, the aim of which is to achieve the social justice, the means of which is accept the re - discrimination request from the citizen, the method of resolving dispute is non - judicial and the function of which includes propagation, education, law aid and so on. In Hongkong, the committee of equal opportunity has its superiorities and shorttcomings in its operation, which enlightens us that we should draft the re- discrimination legislation that is unified and operable, establishes the executive organization of re - discrimination legislation, sets up the reasonable relations between the organization and the legislative organ, administrative organ and judicial organ, pays attention to the rationality and scientificnature of the mechanism of re - discrimination request.