China's Legal Framework for the Rights of the Child

According to the World Bank, in 2012 the People's Republic of China reached a gross primary school enrolment rate of over 100 per cent. Highly accessible primary education in China is supported by constitutional provisions adopted by China in 1982, which outlines the rights of all children to free and compulsory primary education.

Article 19 of the 1982 Constitution of China stipulates: “the state develops socialist educational undertakings and works to raise the scientific and cultural level of the whole nation. The state runs schools of various types, makes primary education compulsory and universal, develops secondary, vocational and higher education and promotes pre-school education. Article 46 further states that “citizens of the People's Republic of China have the duty as well as the right to receive education. The state promotes the all-round moral, intellectual and physical development of children and young people.” These constitutional provisions have been reinforced with the passing of the Compulsory Education Law of the People’s Republic of China in 2006, which requires the implementation of a nine year compulsory primary education system that is inclusive of all children, “regardless of sex, ethnic status or race, family financial conditions, religious belief, etc.” China’s legal framework has resulted in the implementation of compulsory education from grade one to grade nine.

China’s legal framework for upholding the rights of the child to free and compulsory education has been achieved through a State-led approach dating back to the late 1980s with the first Nine-Year Compulsory Education Law. Education reforms have since strengthened the legal framework to ensure the rights of vulnerable groups, uphold equality and ensure access to primary education for all children.

 

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