Citizens' right to education
Students' right to education refers to citizens' right to education stipulated by law, including the opportunity to receive education and the guarantee of necessary conditions for receiving education. The United Nations Convention on the Rights of the Child clearly lists dozens of rights that children should enjoy, such as the right to life and the right to education. Article 18 of the Law on the Protection of Minors stipulates that schools should respect the right of underage students to receive education, and stipulate that schools should not discriminate against students with shortcomings in conduct and difficulties in learning, and should not expel underage students in violation of laws and state regulations. First, care for all underage students. An important aspect of protecting underage students' right to education is to care for and care for all students. Students with shortcomings in conduct and difficulties in learning should be patiently educated and helped equally. (1) Care and care for all students. Caring for and caring for students should be multi-faceted, including not only caring about students' academic performance and school performance, but also caring about students' physical condition, mental health and ideological status, and protecting students' rights from illegal infringement during school. In the process of educating students, teachers and staff in schools, kindergartens and nurseries should be concerned, careful, enthusiastic and patient. Caring for and caring for students is not only the legal requirement for teachers, but also the most basic moral requirement for teachers' profession. Caring and caring for students should not only be reflected in the whole process of education and teaching, but also be oriented to all students. (2) Treating students equally is the basic principle of school education. Minors shall enjoy the right to education equally according to law, and shall not be treated differently or unfairly because of their nationality, gender, household registration, family status, religious belief and physical condition. "Non-discrimination" does not mean that students are treated equally regardless of their actual situation. On the contrary, it is its proper meaning to pay special attention to students with shortcomings in conduct and difficulties in learning. In school, teachers should set an example, do not discriminate against students with shortcomings in conduct and difficulties in learning, and give them care and help. Teachers should also encourage and guide students to form a good moral atmosphere of solidarity and help these students. The legal provisions that teachers should care about and care for students are embodied in a series of laws, regulations and normative legal documents, such as compulsory education law, teacher law, professional ethics of primary and secondary school teachers. For students with shortcomings in conduct and difficulties in learning, we should patiently educate, help and encourage them. When students make mistakes or have difficulties in learning, they should adopt ways that are in line with the psychological characteristics of underage students, such as heart-to-heart, good-will, and pertinent teaching that does not harm their personality, and never use language and methods that hurt the self-esteem of underage students or are discriminatory and insulting. We should advocate the educational concept of encouraging education and create an atmosphere of respect, trust, communication and understanding for the growth of minors. Two, not in violation of laws and state regulations to expel underage students. Among all the punishments for minors, expulsion is the most severe punishment that directly deprives minors of their right to education. Article 18 of the Law on the Protection of Minors stipulates that underage students shall not be expelled in violation of laws and state regulations. Relevant legal provisions mainly include: Article 46 of the Constitution stipulates that "People's Republic of China (PRC) citizens have the right and obligation to receive education"; Article 9 of the Education Law stipulates: "People's Republic of China (PRC) citizens have the right and obligation to receive education. Citizens, regardless of nationality, race, sex, occupation, property status, religious beliefs, etc. , enjoy equal opportunities for education according to law "; Article 2 of the Compulsory Education Law stipulates: "The state implements a nine-year compulsory education system. Compulsory education is an education that all school-age children and adolescents must receive, and it is a public welfare undertaking that the state must guarantee "; Article 27 of the Compulsory Education Law stipulates that "the school shall criticize and educate students who violate the school management system and shall not expel them". Protecting underage students' right to education means that schools cannot expel underage students who receive compulsory education under any circumstances. Even minor students who are not in the compulsory education stage cannot be expelled at will. For underage students in high schools and universities, expulsion from school must be strictly restricted. If minors have seriously violated the school rules and regulations or violated the punishment provisions, the school must also follow the necessary substantive and procedural provisions to protect the minors' right to education to the maximum extent. In fact, there must be sufficient and conclusive evidence, and only when other punishment methods can not play an educational role can expulsion be applied; Procedural requirements include fulfilling the obligation of full notification before expelling students, giving students the opportunity to state and defend themselves, holding a hearing, discussing the punishment decision collectively, and informing the punished students and their parents in writing. Although the law stipulates that students should not be expelled at will, there are other ways to deprive underage students of their right to education in practice. For example, teachers do not allow underage students to take exams, suspend classes, and persuade them to leave. Although there is no clear punishment in the school, these are all cases of depriving or restricting minors' right to education in disguise, which actually leads to the temporary or permanent loss of minors' right and opportunity to education, and must be resolutely stopped and put an end to it. In order to fully protect the right to education of underage students, it is necessary to give clear relief channels to the punished students. According to Article 42 of China's Education Law, students who are dissatisfied with the punishment given by the school may appeal to the education department to which the school belongs. Teachers who believe that they have violated their personal rights, property rights and other legitimate rights and interests may appeal to the school education department or bring a lawsuit to the people's court according to law. The administrative department of education should resolutely correct the illegal and unfair disciplinary actions against minors, and guarantee the right to education of underage students.