重申受教育人权：意义、内涵与国家义务-清华大学教育研究

文章信息/Info

Title:: To?Reiterate?the?Human?Right?toEducation:?Significance,?Connotation?andState?Commitment

Keywords:: The human right to education; state obligations; educational legislation

摘要:: 受教育权是一项重要的国际人权，具有多种不同性质的规范依据。受教育人权的内涵具有法律确定性，但也在不断发展。初等教育、中等教育、职业与技术教育、高等教育及基本教育等权利是公约确定的正式权利，但受教育人权的重心正在从获得教育机会向获得优质教育过渡，边界也开始向早期教育和终身学习延伸。国家对受教育人权履行尊重、保护和实现的义务，应在教育的可获得性、可进入性、可接受性和可适应性四个方面承担责任。根据受教育权的规范内容加强国内教育立法，是我国全面履行公约义务、更好进行人权保障的重要手段。

Abstract:: The right to education is considered as an important international human right, which has many normative bases with different attributes. Connotation of the human right to education has legal certainty, which is also developed constantly. Right to primary education, right to secondary education, right to vocational and technical education, right to higher education, and right to basic or fundamental education are all defined as formal rights by international conventions. However, focus of the right is shifting from access to education opportunity to access to quality education, and the boundary is extending to early education and lifelong learning. In fulfilling its obligation to respect, protect and realize the human right to education, the State is expected to assume responsibility in enhancing availability, accessibility, acceptability and adaptability of education. For China to comprehensively fulfill the convention obligation and better protect human rights, it is supposed to promote domestic educational legislation on the basis of normative content in the right to education.