In the international human rights, minority means ethnic, religious or linguistic groups in the state. However, not just the number, minority should contain an element of the oppressed or discriminated. Accordingly, in the present society to advocate the principle of equality and universality of human rights, rights of minority is still one issue of human rights.
Currently,in the international human rights treaties, Article 27 of the ICCPR is the ony one term that directly guarantees the rights of minority. According to general comments of Human Rights Committee,although the rights protected under article 27 are individual rights, the depend in turn on the ability of the minority group to maintain its culture, language or religion.At the same time, one or other aspect of the rights of individuals protected under that article - for example, to enjoy a particular culture - may consist in a way of life which is closely associated with territory and use of its resources.Accordingly, positive measures by States may also be necessary to protect the identity of a minority and the rights of its members to enjoy and develop the culture and language and to practice their religion, in community with the other members of the group.
The Constitution is difficult to directly guarantee the rights of minority. Japan joins ICCPR to guarantee the rights of minority. For example, as the effcet of Article 27, the Japanese government formally recognised the Ainu as ethnic minority groups and an indigenous group.
In the Constitution of the Republic of China,it is impossible for Taiwan to formally ratify the ICCPR. Even if Taiwan unilaterally obey the ICCPR,but the difficult for the international human hights into domestic law that abate effective of the ICCPR.Therefore it is necessary to enact a new constitution that can confirm the statehood of Taiwan,so Taiwan can formally joins the ICCPR.In order to guarantee the rights of minority, it is the most effective way.