更新时间:2024-09-07
依法治校背景下的未成年学生权利保护
胡祎然(文)    作者信息&出版信息
Law-Related Education for Juveniles   ·   2024年9月7日   ·   2023年 第10期  
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The 2020 revision of the Law on the Protection of Minors strengthened the provisions on school protection; The Ministry of Education has issued the "Regulations on the Protection of Minors in Schools", which clarifies the twelve rights of minors in schools; Under the background of governing schools according to law, strengthening the protection of the rights of minors is the key to enhancing the legal level of the education system.

The Importance of Protecting the Rights of Minors in Schools

Minors need special protection in schools because they are relatively fragile in their physical and mental development, have limited cognitive abilities, and are vulnerable to harm. As the main place for the growth of minors, the level of protection in schools directly reflects the degree of protection provided by the state to minors. Strengthening the protection of the rights of minors in school management is crucial for promoting the rule of law in schools and enhancing the level of rule of law. Schools should provide equal and democratic learning environments for underage students to cultivate their awareness and consciousness of the rule of law, which is of great significance for building a socialist rule of law country.

The main scope of school protection for the rights of minors

Elaborated in detail the scope of rights protection for underage students in schools under the background of rule of law. Firstly, underage students enjoy general civil rights and special group rights, including the rights to survival, development, protection, and participation. The legal basis for schools to protect the rights of underage students includes the Constitution, the Education Law, and the Law on the Protection of Minors. Specific rights include the right to equality, the right to education, the right to personality, the right to property, the right to participation, and the right to remedies. The right to equality requires equal access to educational content, opportunities, and facilities, while allowing for special support for students with special needs. The right to education encompasses conditions, processes, evaluations, opportunities, and support guarantees. Personality rights include the rights to life, body, health, personal freedom, name, image, reputation, honor, privacy, and personal information. Schools need to protect students' rights from infringement. The protection of property rights requires schools to protect students' legitimate property, charge reasonable fees, and respect intellectual property rights. The right to participation and the right to relief ensure that students participate in school management and receive relief when their rights are violated. Schools should establish corresponding reporting, appeal and other relief mechanisms to safeguard the legitimate rights and interests of underage students.

The main strategies for protecting the rights of minors in schools

Schools need to enhance the awareness of protecting the rights of underage students and adopt strategies including strengthening legal education, institutional guarantees, and seeking external support. Rule of law education should cover leaders, faculty, students, and parents through various forms of activities. Institutional safeguards involve establishing organizations, formulating school rules and regulations, establishing systems, and creating an atmosphere. Strive for external guarantees, including community support, the role of vice principals in the rule of law, and the utilization of legal education resources. Schools should actively create a legal atmosphere, protect students' rights, and promote their healthy growth.

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