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On The Right Of Children

Posted on:2011-10-14Degree:DoctorType:Dissertation
Country:ChinaCandidate:H GuanFull Text:PDF
GTID:1226360305483222Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
At present, Chinese children’s right to education experiencing various difficulties, these difficulties and problems can only possible be finally resolved under the guidance of children thinking, by establishing children as the subject of right, establishing a child-centered philosophy of education, re-describing the fundamental right status of the right to education, clarifying the system of the right to education and analyzing specific nature of the rights, status and the problems.Who are children? Taking all factors, our upper limit of age of children is 14, reference years of compulsory education, can be extended to 15-16 years of age. Historically, property owners, blacks, Jews, women and children’s access to the subject of right is a historical process of evolution.Where the rights of children come from? With regard to the right sources, at least on four demonstration paradigm:natural law paradigm, utilitarian paradigm, dignity paradigm and relationship paradigm. On this basis, following worthy of respect, the need of respect, achieving respect and integration respect, the paradigm of respect is proposed; combining with the rheology of children view, it demonstrated the source of children’s rights.As a fundamental right, the right to education needs to meet two conditions:one, the basic nature; 2, enshrined in the Constitution. From history, probably there have been several educational concept is as follows:Office-centered of the educational philosophy, God-centered of the educational philosophy, Country-centered of the educational philosophy, material-centered of the educational philosophy and human-centered of the educational philosophy. By children’s thinking, we can raise child-centered of the educational philosophy. The right to education’s essence is spiritual growth and cultural life rights, including the liberal right to education, the social right to education and the order right to education.The liberal right to education includes children’s right to education and parents’ right on education. Children’s right to education is also a duty, but not mandatory. Parents’ right on education is the basis of state’s power on education and society’s right on education. The nearest school and school choice are the rights of parents, the latter is better than the former. Home schooling is also the Parent s’ right, it should be guaranteed under the conditions of supervision allowed.The social right to education includes the enrollment request right of existing educational facilities and the request right of necessary educational facilities. The former includes free admission and equality of opportunity of public quality education resources; the latter requires the central government assuming the primary responsibility for investment in education, establishing the compulsory national standard of the compulsory education facilities necessary. A child may request the court to sentence the government to pay according to national standard of the compulsory education facilities necessary. The protection of migrant children’s right to education can be resolved under the ideas.Nowadays, Only the way to Judicature of the right to compulsory education is unlocked; Other rights to to Judicature have all kinds of abstacle, we should establish supporting measures to guarantee them.
Keywords/Search Tags:children’s right, children view, right to education, the liberal right to education, the social right to education
PDF Full Text Request
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