Study On The Right To Health Protection Of Left-Behind Children In China In China

In the process of protecting the rights of left-behind children in rural areas,the most influential and direct impact on children should be the right to health protection.To study the right to health of rural left-behind children,the concept of rural left-behind children,the scope of protection of the right to health and the connotation of the right to health of left-behind children should be determined first.Starting from the dual level of theory and practice,the definition of the concept of rural left-behind children needs to be developed from its three levels: age standard,regional standard and content standard.As a basic right,the right to health has rich normative basis at both international and domestic laws.The essence of the right to health is the right of citizens to obtain the highest standard of health conditions,and it requires the state to fulfill the obligation to protect the health of citizens.The basic content of the left-behind children’s right to health in rural areas mainly includes the right to physical health and the right to mental health.The realization of the right requires the state to actively take relevant measures to maintain and guarantee.In practice,the protection of rural left-behind children is challenged from many aspects,and there are also many problems in the realization of its level.Specifically,the protection of the health rights of left-behind children in rural areas is the emphasis on the protection of the rights of left-behind children at the norm and policy level.Through a series of legislation and policies,the whole society is encouraged to form an overall atmosphere for the protection of left-behind children.Typical legal norms include the "Law on the Protection of Minors" and the "Opinions on Strengthening the Care and Protection of Rural Left-behind Children" issued by the State Council.The problems faced by the rural left-behind children’s right to health protection during the specific implementation of laws and regulations mainly include the following:(1)rural left-behind children’s right to physical health cannot be fully guaranteed;(2)rural left-behind children have a higher incidence of disease;(3)rural areas Left-behind children have serious psychological problems;(4)Rural left-behind children have frequent casualty accidents.There are many reasons for the above problems.From the macro and micro perspectives,it basically includes the following aspects: first,the disadvantages brought by China’s macroeconomic and social system;second,the lack of children’s family functions leads to an imperfect guardianship system;third,children The basis for guaranteeing the right to health is insufficient.In order to further protect the health rights of rural left-behind children and improve the quality of life of rural left-behind children,it is necessary to adopt multiple and coordinated guarantee methods to protect the health rights of rural left-behind children.The reason for adopting this method is firstly because the relevant laws and regulations require the establishment of a multiple coordinated security mechanism;secondly,the particularity of rural left-behind children requires the participation of the whole society;and finally,because the multiple-participant cooperative participation can overcome the drawbacks of a single subject.The method of multi-synergy is mainly to stipulate corresponding obligations from different levels of state organs,social organizations and families to protect the health rights of left-behind children in rural areas.The obligations of state organs to guarantee the health rights of left-behind children in rural areas mainly include the institutional guarantee obligations of the legislature,the law enforcement guarantee obligations of the administrative authorities,and the relief guarantee obligations of the judicial authorities.The practical path for social organizations to participate in the protection of the health rights of left-behind children in rural areas mainly includes different levels of obligations such as schools,rural grassroots autonomous organizations,and narrow social organizations.The specific obligations of the family to protect the left-behind children’s right to health are mainly manifested in two levels: one is to pay attention to the role of the parental rights theory in the reconstruction of family functions;the second is to build a new entrusted guardianship system under the guidance of the parental rights theory.