Research On Legal Protection Of Migrant Children's Equal Rights To Education

The right to equality in education is not only the basic human right stipulated in the Universal Declaration of Human Rights,but also the most basic right granted to citizens by the Constitution of our country.Articles 33 and 46 of our Constitution clearly stipulate that our citizens enjoy the equal right to education.At the same time,in order to ensure the smooth realization of this basic right of citizens,the Constitution also stipulates the "actions" and "no Act as an obligation.Equality in education consists of three aspects:equal opportunities,equal conditions and equal results.Equal access to education is mainly reflected in two aspects:equal access to school opportunities and equal opportunity to advance to school.Equal educational results are generally reflected in equal access to fair evaluations and equal access to corresponding academic certificates and equal examinations.Equal educational conditions range widely.Mainly reflected in the teaching process to enjoy equal treatment,equal access to educational resources,equal access to state assistance and so on.Due to the fact that it is often associated with certain specific administrative actions,the right to equality of opportunity and the right to equal equality in education equal rights are relatively suable,and it is easier to seek relief through legal channels when the rights are violated."And the" Compulsory Education Law "amendments have further strengthened the protection of equal opportunities and equal results.However,in terms of equal educational conditions,although Article 30 of the "Education Law"and Chapters 2 and 4 of the "Compulsory Education Law" are mentioned,there are no specific provisions on the level of legal responsibility,and some are only higher-level government agencies The supervision and accountability regulations stipulate that when the educated person 's right to education is violated in terms of educational conditions,the subject of the right to education has no other legal remedy except to seek complaints from higher authorities.In addition,in the newly amendedCompulsory Education Law",although the state has established a policy of "mainly residence,mainly public schools" for the admission of migrant children,in practice,due to the limited educational resources,local governments The needs of local children are often given priority,and high-quality resources are preferentially allocated to local household children,and the rest are allocated to migrant children who meet the stringent school entry requirements.Therefore,the educational conditions of migrant children are generally significantly worse than local children.Due to the imperfection of relevant laws and regulations in China and the inability of self-protection of migrants'self-rights and insufficient self-protection ability,weak protection of migrants' equal rights to education has become a problem faced by migrant children's rights protection.This article takes an administrative litigation case,a news report and the introduction point of the problem,through in-depth analysis of the current legal protection of migrant children 's equal rights in education(especially equal educational conditions),and in-depth analysis of the unequal access opportunities in the education process,Unequal educational conditions,unequal educational results and other issues,find out the root cause of this inequality phenomenon,and finally combine domestic and foreign experience in solving the problem and feasible solutions proposed by relevant scholars,put forward some solutions from the perspective of legal protection Recommendations for the inequality of migrant children's right to education.