The Right To Education Of Children Of Migrant Workers

Education is every individual's basic right which requires equal conditions and opportunities provided by our country, people can complete their personality and viability, and obtain more chances of progress. Along with the migrant tide from rural area, migrant children are the so called "second-generation immigrants" in the process of urbanization development, their embarrassing situation arouse much concern from every aspect of society. With China's accelerating urbanization, large number of rural surplus labor swarm into city, most of their children who in school-age can not enjoy equal education because of the unreasonable registration system, lagging education system. They have far from rural and did not completely accept by city, the reality make them disappointed about getting education in city. Ensure the equality of migrant children education, not only related to migrant children growth and development, but also in relation to the general improvement in the quality of the whole nation, and the education fairness and social justice. The government should earnestly perform their obligations, and provide equal conditions and opportunities for migrant children. This thesis is divided into three parts to exploring migrant children education problems:The first chapter firstly introduces the concept of right to education; education is a basic right of the right system, and plays a key role in citizen right system. Secondly analyzes the contents of the migrant children education, points out the reality of the vulnerable position, clear the equality of migrant children education. Equality is the basic value to education right, and points out that the migrant children special protection to the realization and the national responsibility to education.The second chapter generalizes the present situation of migrant children and the reason. Public schools and migrant workers are two major channels for migrant children to attending school. Nevertheless, in reality, migrant children have more unequal phenomena compared to local children in lots of aspects. The fundamental reasons causing inequality is the huge gap between urban and rural economic development, but the main reason lies in the contradiction between social development and system hysteresis, such as the household registration system and education system lags behind cause migrant children equal education difficult to achieve.The third chapter based on the first two chapters, provided protection for migrant children education. In this chapter, I think we should provided protection in the aspects of legislative, administrative and judicial. In the legislation perspective, in summary the present situation of legislative protection, we should put further perfect in relevant laws and regulations, and enact laws about education funds as soon as possible. The characteristics of administrative which is fast and efficient, decided the administrative safeguard is the most important safeguard ways for migrant children's education. Governments and other administrative need gradually reform registration system, the education finance system and the management of migrant workers from several aspects such as school effectively work, achieve finally security purposes. In the perspective of judicial protection of current civil litigation, analyze the protection of migrant children education from the Civil Procedure Low and Administrative Law, and keep exploring judicial relief for the migrant children education.