The Analysis Of The Equal Protection Of The Right To Education Of Migrants In The Context Of Constitution

The right to education is one of individual’s fundamental rights, which guaranteesindividuals’ viability and promotes their self-development. The State has to fullfill its duty toactively provide equal educational oppotunities and welfare for individuals, which enablesthem acquire the essential abilities for self-surviving and development. According to the rulesof the Constitution and relevant laws, the right to education of the Chinese floating populationshould be protected equally as others. Through promulgating amounts of public policies, thecentral government succeeded breaking the HuKou system’s barriers so that floatingpopulation could enjoy the equal right to education. Nevertheless, within the influence of thelink between the educational system and HuKou system, the regional protectionism andfinancial pressure, the floationg population confronted that their educational rights could notacquire the equal legal protection as the local population, which hinders the enjoyment of theright. However, facing the similar circumstances, the European Union’s laws entitle thefreedom of movement of cross-border migrant population and the principle ofnon-discrimination, which enforces the Member States providing the equal educationalbenefits for the cross-border migrants. Although the migrants’ educational rights are stillrestricted by the national laws of the Member States, the restrictions should not be maderandomly on the cross-border migrants due to the justification for the Member States’ nationallegal restrictions and the application of the principle of proportionality by the EUCJ.Therefore, the right to education of migrants are properly protected.This article consists of five parts. Through the comparison between the China and the EUin terms of protection of the right to education of migrants, and combined with the analysis ofreasons for restriction on the right to education of migrants, it is for the enlightments ofpromoting the enjoyments of the right to education of Chinese floating population.The first part analyzes the concept of the right to education of the migrants and the equalenjoyments. Firstly, it introduces the concept of the right to education, and further elaboratesthe nature of the right to education and the duty of the State. Meanwhile, it demostrates thatthe right to educaton not only includes and needs the equal protection. Following that, itillustrates the concept and significance of migrants’ education. And analysis of the aspects ofthe fundamental rights, motivation of movement and economic theory, it is fund that the enjoyments of the right to education for migrants relies on the equal protection.The second part shows the comparison in tems of backgrounding between the EU andChina. Through the analysis of the aspects of constitutionalism, migrants’ educationaldemands and restrictions of the public system, it demonstrates that both of the EU and Chinaconfront the delimma in terms of the right to education of migrants.The third part compares the contents of equal protection for migrants’ educational rightsbetween the EU and China. It introduces the legal basis of the migrants’ educational rights,and compares in the aspects of the educational oppotunity and the educational welfare, whichdemonstrates the realization of the right to education of migrants of the EU and China.The fourth part analyzes the non-system restrictions on the right to education. Due to thelimitation of the State’s duty of granting benefits and the influence of the public interests, it isinevitable to restrict migrants’ educational rights. Following that, through comparison of therestrictive implements of the EU and China, it illustrates the reasons of inadequate protectionof migrants’educatonal rights of China.The last part based on the above parts, elaborates the application of the principle ofproportionality of the EU law as the enlightments for promoting the enjoyments of Chinesemigrants’ educational rights. Within the analysis of several cases, it finds that the EU law is togurantee the enjoyment of migrants’ educational rights as a prerequisite to balance theconflicts between the migrants’ rights and the Mmeber States’ interests, which provides afeasible path to restrain Chinese local governments’ legislative discretion for protectingmigrants’educational rights by ruling the principle of proportionality as the legal principle ofthe relevant educational laws.