Human Rights Study In Higher Education

Nowadays, with the pace of college' s scale expansion and the tide of college-merging, China' s higher education is entering a flourishing historic period. However, during the course of its quick development, China' s higher education is facing serial difficulties and problems at the same time. One reflection is that many colleges ignore the comprehension and esteem of basic human rights and do not pay enough attention to the safeguarding and guarantee of individual rights.With the social background of human rights having been established in China' s Constitution and the dissemination of the slogan Putting People First, this paper does research into China' s current higher education from the angle of humanism and human rights.This research, following the thread what rights teachers and students in institutions of higher learning can enjoy, why they can, what are hindering the implementation of them and how to protect them, mainly explores the transformation of higher education from the angle of human rights, including changing of higher education ideologies, adjustment of its policies, improvement of the relative laws and regulations, etc.. This research is divided into six parts in detail:Chapter One: Human Rights and Rights in Higher EducationThis chapter focuses on explanation of the definition of human rights, right and duty. Then it elaborates the trilateral right structure in higher education and analyses the relationship between the development of human rights and the transformation of higher education.Chapter Two: Rights of Students in Institutions of Higher Learning This part discusses the rights that students in institutions of higher learning should have and makes special research into right of human dignity, right of liberty, right of being educated and right of democracy. Right of human dignity is the basis and guide of human rights, all of which are originated from the intrinsic dignity and value. The core of liberty right is the right of idea liberty. Man has the gift and potential of development, and the right of being educated is right of development in nature. Right of democracy includes right of appeal, the right to know and right of evaluating the education.Chapter Three: Rights of Teacher in Institutions of Higher LearningThe rights of teacher in institutions of higher learning consist of two kinds, right of being natural persons and right of vocation. The basic right of the former is the right of development and that of the latter is the right of academic freedom.Chapter Four: Hindrance of Human Rights: the Game between Right and Power of Higher EducationThis chapter discusses the dialectical relationship between right and power. Section one discusses the definition and character of power, its relationship with right, and source and feature of decision making right of institutions of higher learning. Section Two mainly studies the collision and harmonizing of the teacher' s power of knowledge and student' s right of idea liberty. Section Three mainly discusses the reflection of conflicts between administrative power and student' s rights, the value orientation of administrative power and how to settle the conflict. The emphasis of Section Four lies in discussion of the value collision between college teachers and administrators and conflicts between teacher' s right and power of institutions of higher learning under the background of employment system as well as the countermeasures.Chapter Five: Safeguard Human Rights: to Reform the Ideology and Policy of Higher educationThis chapter puts forward three approaches: the first way is to set people-oriented as the goal of higher education instead of society standard. The second method is to display the ideology of public attendance, service-centered and human nature esteem in college administration. Thirdly, the government and society should make better policies, to give more support to impoverished students, intensify state obligations and duties and try all means to bring equal college entrance opportunity into effect in order to carry out the equity education principle better.Chapter Six: Safeguard Human Rights: to Improve Educational LegislationThis chapter can be divided into three parts: the value of the law and human rights, improving entity law and procedural law to stick up for human rights, the final value orientation of the law. Although China' s educational legislation has come into being, there are still some loopholes of it and it has a long way to go not only for the entity law but also for procedural law. Therefore, it is necessary to improve corresponding laws and regulations to better protect and safeguard rights of teachers and students.