论未成年人受教育权的平等保障——以“绿领巾”事件为切入

摘要

平等原则与自由原则一样构成人权的重要原则。鉴于平等权内容的特殊性，20世纪以来禁止歧视已成为平等原则的实质性建构过程中的最基本因素。依据《取缔教育歧视公约》关于歧视的定义，发生于西安的“绿领巾”事件已构成教育歧视。%The equality and the freedom are both important principles of the human rights. In view of the par- ticularity of the right to equality, non-discrimination has been one of the essential factors in process of the building of the equality principle since the 20th century. According to the definition of discrimination in the Convention against Discrimination in Education, the “green cravat”in Xi＇ an has been a case of discrimination in education.