Studies On The Right To Education From The Perspective Of International Law Of Human Rights And Its Application In China

The thesis is composed of three parts: introduction, main text and conclusion.Among the main text, there are four chapters.“The right to education in international law of human rights” is the first chapter.To begin with, it briefly introduces the meaning, characteristics, attribute and natureof the right to education in international law of human rights. Then it expoundsrespectively the provisions about the right to education in global and regionalinternational human rights conventions. There are three parts among the introductionof the regional international human rights conventions, including Europe, Americaand Africa.The second chapter is about “the protection of the right to education in states”.This chapter introduces the application of the international human rights conventionsin Britain, United States, Germany and France. Besides, it also presents the domesticlaw about the right to education of the four countries above.The third chapter “the legislation and practice about the right to education inChina” consists of three parts. It first discusses the problems which China has to dealwith since there is no definite law and rule to regulate the application of the international human rights conventions. Then it introduces the legislation about theright to education in China. Finally, it summarizes the positive achievements andprogress on protection of the right to education which made by China in practice inrecent years.The last chapter is “the deficiency and improvement of the protection of the rightto education in China”. Based on the international human rights conventions andcompared with the current situation, it presents some deficiencies about the protectionof the right to education in China. The deficiencies include the nature of acquiringeducation is a right rather than an obligation, the system of the continuing education,the vocational education and higher education need to be improved, China shouldformulate more special educational legislation, the right of choosing education and theright of educational equality need to be perfected, the remedy system of the right toeducation should be established and China should increase education investment.Taking the deficiencies into consideration, China has to take necessary actions inorder to fulfill the obligations under the international human rights conventions.The last part is the conclusion of the thesis. It gives the summarization of theresults, and points out that the studies on the right to education from the perspective ofinternational law of human rights have great practical significance.