The Study Of The State's Responsibility For The Children's Right To Education, Whose Parents Are Migrant Rural Workers

With the rapid speed of the urbanization, a quantity of migrant rural workers swarm into cities with their children. They have being or nearly being settled down. This change suggests a new problem, which is how to perfect the system construction in order to protect the right of migrant rural workers completely. Under the effect of the new human rights theory, the rights of survival and development of the migrant rural workers have been emphasized more and more. And the realization basic of that rights rely on the fully realization of the right to education. Many migrant rural workers wish that their children can flow up to the higher stratum, so they prefer bear the hardship of working and varies discrimination and unfairness living in the city. Anyhow, the basic to make the flow work in good condition is the realization of the right to education.Thereby, in series problems of migrant rural workers, I especially choose the protection of the children's right to education, whose parents are migrant rural workers, as the focus of this article, and discuss it deeply.The right to education is a basic human rights. At the beginning of the enlightenment which advocates people oriented by bourgeois, the importance of the right to education has been established. It's the necessary part of the ideal blue print which pursue freedom, equality and humanity. And nowadays in the world this concept has broken through the narrow scale of seeking the formal equality and objecting the power intervention. It develops to a wider and deeper field. Individual's life in dignity and, complete and free development, which clearly request the state's duty of positive execution, are the light spots of the human rights theory of a new generation. Therefore, it's important to establish the state's duty in the citizen's right to education. Under the frame of this theory, look back on the protection status of the children's right to education, whose parents are migrant rural workers, it is clear that we haven't done well neither in formal equality which required by traditional human rights theory, nor in essential equality and protection of the disadvantaged groups' benefit which our government should make great efforts to. In a word, we have a long way to go whether in do and not do.According to the logic frame upwards, there are three sections to discuss this problem in this article.The first section will clarify the concept and connotation of the right to education in constitution and the system info of protecting the human rights, tidy the provisions about citizen's right to education from our state's constitution and law, find out the evidence of ensuring the state's responsibility and emphasize the state's duty of positive execution in protecting the citizen's right to education.The second section will describe the realization status of the children's right to education in the city, whose parents are migrant rural workers. Along with the unsuccessful self-recovery measures which are taken by folk group to protect the children's right. And the reason which causes these phenomena also will be analysed especially from the design of the system.In the final section, the writer creatively presents the countermeasures for the state's protection of the right to education which belongs to migrant rural workers' children. These countermeasures include the relief for the loss of this right in a short time, and the suggestion for the state's long-term policy and design for the system. Wish these countermeasures will make a kind of guiding effect on the perfection of the migrant rural workers' children's right to education and even the education system.