Research Of Equal Right To Education Under The Perspective Of International Human Rights Law

The development of human rights is a historical process. Especially after World War II,in order to safeguard the common interests of mankind’s, the world united andformulated a series of international documents on the protection of human rights.These international documents, without exception, emphasized that "everyone is equaland should be treated equally." The right to education, as an element of human rights,was also prescribed in these international documents. Everyone should enjoy the equalright to education is the proper meaning of equality.In modern world, education has shown its significance as the driving force for thedevelopment of society. For individual growth and social progress, education plays animportant role. The equal right to education is the inevitable trend of development ofeducation itself, but also the inevitable requirement of the modern human rights.Therefore, the protection of the right to equality in education is of great significance: itreflects modern democracy; it provides high-quality labor force for social production;it provides human survival and development an equal chance; it promotes the wholesociety to form a sense of equality.Not only universal treaties provide for the equal right to education, many regionalinternational conventions also do. Some conventions also specify the measures toprotect the right to equality in education, such as The International Convention onEconomic. Education is a long-term process, divided into the education opportunity,the process and the results. Since the results or the process can’t be controlled in aunified way and unable to achieve the equality of process or equality of results, theprotection of education opportunity is the key to equal protection of the right toequality in education. Equal right to education is also divided into equality ofopportunities, equality of the process and equality of results. The most essential shouldbe equality of opportunity. The specific contents are: the equality to educationalresources, non-discrimination, equality of compensation, equality of participation.We analyze the corresponding content of international human rights law, andultimately should also be implemented to solve domestic problems. At this time,drawing on the practices of the developed countries in the world, is an effective wayfor our country. Therefore, the author draws on domestic legislation and policymeasures in the United States, Sweden and Germany for reference. By comparing the developed countries, there are many shortcomings in the protectionof right to education. The main problems are: inequality caused by regional economicdevelopment level; social class differentiation; gender inequality. By comparison, thereare three ways to solve the problems: the improvement of legislation, improve thechannels for relief, policy protection.Equal right to education should be enjoyed by every citizen in the modern civilizedsociety. This is not only the proper meaning of the modern rule of law, but also has avery important significance for mankind to achieve the ideal, perfect themselves andthe progress of social civilization.