論教育政策之弱勢類別及其法制規範內涵

關懷弱勢族群已是當前整體公共政策不可或缺之一環，就政策規劃與執行層面而言，確認政策標的對象乃屬基本且重要的先行程序；且基於社會資源之有限性，若無法明確界定弱勢族群之類別與範疇，民主多數決的運作結果，亦恐將使通常居於少數一方的弱勢者，愈容易因此陷入不利之地位。故本文以弱勢類別之界定為論述核心，並自文獻及政策所論及的弱勢類別區分著手，依循我國法制架構，以憲法做為分析法令概念中弱勢者類別之基礎。據此，本文將憲法例示的十種弱勢類別，歸納成原住民族、身心障礙、性別弱勢、地區弱勢、經濟弱勢等五種，並認為我國弱勢政策應以既有法制為前導，且相關法令及新興政策若欲創設弱勢類別，應先衡酌憲法平等原則，並審慎評估其弱勢內涵是否確難納入既有類別，而不宜動輒任意擴充。

關鍵字

平等原則；依法行政；教育政策；教育弱勢

並列摘要

Caring for the disadvantaged groups has become an essential part of public policies. It is a prerequisite to define who the disadvantage groups are in both policy making and execution. If there is no clear definition of disadvantaged groups in law, this might place them in an even more disadvantaged status as a result of majoritarian democracy. This paper aims at categorizing and analyzing disadvantaged groups based on related literature and current policies and law in Taiwan. The ten disadvantaged groups pointed out in the Constitution of the Republic of China are categorized into five in this paper, including: indigenous groups, mentally or physically disadvantaged groups, as well as those disadvantaged due to their gender, geographical locations, and economic status. It is suggested that disadvantaged group policies be built based upon legal regulations and its categories or definitions should not be expanded without a careful scrutiny. In other words, any changes should only be made with the consideration of the principle of equality in the Constitution. The five categories of disadvantaged groups suggested in this paper should remain as the basis for further alterations.