School rights of the child. Protection of the rights of the child at school: from theory to practice

Getting an education at school occupies a significant part of a child's life, his childhood. It is important that the learning process be comfortable and painless for the fragile child psyche. Protecting the interests and legal rights of children makes it possible to make education not only safe, but also preserving the personality, honor and dignity of the future citizen of a legal and democratic country.

A set of rights guaranteed to every child in school

All fundamental rights of citizens, regardless of their age and social status, are enshrined in the Constitution of Russia and in separate regulations. In addition, our country has ratified numerous international acts and conventions that enshrine human rights, including the rights of the child.

The fundamental rights that belong to all people from birth include: the right to a name, to life and others.

The set of rights of every child includes both fundamental rights and specific rights related to education in school. The list of such rights is regulated in Federal Law No. 273-FZ of December 29, 2012 (in particular, Article 34) and Federal Law No. 124-FZ of July 24, 1998 and includes:

The listed rights are only the basis and can be supplemented by others, for example, the right to accelerated education if the established school curriculum is mastered faster than the curriculum or the right to freedom of religion.

Proper implementation of the rights of the child is the direct responsibility of the educational institution, represented by its management and teaching staff.

Attention! Parents, being by virtue of legal norms legal representatives, have the right to protect the rights of the child by all means and methods established by law.

Rights at school for certain categories of children

Children who, due to physical and psychological development, require individual approach and have extended rights. This allows them to feel equal to other children and to master the school curriculum in accordance with the established educational standards.

Children requiring additional attention from educational institutions include complete orphans and other categories established by law. These children have the right to:

priority enrollment in a school in the presence of a queue or restrictions on the number of students;
the choice of school depending on the territorial factor, as well as taking into account the recommendations and indications of the medical and pedagogical expertise;
when resolving issues of expulsion due to poor progress, the participation of the Commission on Juvenile Affairs, which controls the protection of the rights and interests of students, is mandatory.

Ways and means of protecting the rights of the child

The rights of the child are established by federal legislation, the charters of educational institutions can only expand them without worsening the situation of the child-schoolboy himself. Protection of all rights is carried out in strict accordance with the law, as well as through the methods and means formulated in the charter of the school.

Parents and students have the right to protect their interests in the following ways:

In the application, indicate all the circumstances of what happened according to the child, taking into account the available evidence. After an internal investigation, depending on the degree of guilt of the teacher, a disciplinary action or the decision to dismiss and the inability to engage in teaching activities in the future.

Protecting the rights of the child at school: video

When a child enters a general education institution, many new responsibilities await him: to study, to comply with the rules and requirements of the school, and to participate in its activities. Along with the duties, he has the rights prescribed at the legislative level. It is important for parents and children to know what children's rights are at school in order to better protect themselves. This will be discussed in the material.

Basic rights of children at school

In Russia, the rights of the child population are protected by state institutions and legislation. Each student has the right to be heard, to express his point of view, so that the teachers of the educational institution respect his personality.

School-age children also enjoy the right to:

to free secondary education in their native language;
be safe on school grounds;
receive for temporary use for the period of study all the necessary study guides, notebooks and fiction from library collections;
attend various events organized by the educational institution, voluntarily participate in cleaning the school grounds;
consult a psychologist if necessary;
together with parents, choose a school and an educational program for training, at any time of the year, if desired, transfer to another educational institution;
study according to an individual plan due to the circumstances.

How does a child learn about their rights?

Schoolchildren receive information about their rights from the media and the Internet. But the most important source for a minor in this matter remains, of course, the parent. It is his responsibility to inform the child about the rights and obligations at school and at home.

Rights of children with disabilities

Disabled children enjoy the same rights as schoolchildren without health restrictions.

For them there are benefits and privileges:

physical activity should be strictly dosed, taking into account the health of the disabled child;
free sessions of the school psychologist;
free breakfasts and lunches in a general educational institution;
The format for taking exams depends on the student.

What can be expressed infringement of the rights of the student

The school may take place different reasons. Most often they are caused by a conflict with a teacher or with classmates.

Let's consider problem situations.

Injuries and health hazards

The effect of the law on the protection of the rights of the child extends not only to the territory of the school, but also to the school grounds. For the preservation of the health of the student while he is on the territory of the school, its staff is responsible. Threats to the health of minors can arise for various reasons.

The nurse is responsible for the following actions, if necessary:

first aid;
emergency call medical care;
escort to the hospital.

The teacher must:

take the victim to the treatment room;
notify parents;
find out the reasons for what happened.

The director is responsible for the organization of medical care in general.

Incorrect teacher behavior

Most often, students complain about the unfair, biased attitude of the teacher. It is important to remember that the rights of a student end where the rights of another student or teacher begin.

By law, teachers must notify parents:

about how the student learns, about his behavior;
about a student missing classes.

The teacher is not authorized to expel a student from lessons for bad behavior. The teacher's attitude towards his student should not depend on how the student behaves in the lesson, the assessment for the subject should be completely objective.

When faced with such a situation, parents can contact the principal. It is better if they have evidence of the veracity of their words. If there is no reaction from him, you can go to the prosecutor's office or to the court.

Other difficult situations

In the classroom, a student may encounter unpleasant situations of various kinds:

Attraction to work

According to international ones, it is forbidden to involve minors in school in two cases:

if this work is harmful to his health;
if it infringes on his rights.

According to the law, in order to attract a student to work, you need to obtain his consent and conduct a safety briefing.

Fight between students

The responsibility for the students lies with the staff, so their task is to ensure the inviolability of children, including on the school grounds.

The task of the teacher is to prevent a fight at all costs. If this happened and entailed unpleasant consequences in terms of health, then the court should not be sued against the parents of the fighter, but at the educational institution.

Theft of personal belongings

In case of missing things from the students, the teacher is authorized to call the police. He himself does not have the right to inspect the portfolios of schoolchildren.

Bullying by peers

If classmates insult and humiliate their fellow student, vigilant parents need to discuss everything with the class teacher or the parents of the instigators. If nothing changes, you need to go to the police.

Duties of schoolchildren in a general education institution

It is important to understand that in school children have both rights and responsibilities. If they are not performed properly, it is fraught with liability before the law.

Main responsibilities:

punctuality when attending lessons;
careful appearance, the availability of removable shoes, the necessary stationery and training materials;
follow the rules of etiquette;
do not leave school during lessons without permission;
smoking, carrying explosives, alcohol and narcotic substances is prohibited;
respect the personality and dignity of other students and teachers;
handle the property of the school and other children with care.

How to protect the rights of the child

To protect rights, it is important to make information accessible. Students need to know what rights a child has at school. If these rights are violated by a teacher or classmates, you need to contact the director. It is important to correctly formulate your request in the form of a complaint. If the director did not take measures to rectify the situation, one should write to the prosecutor's office or to the court.

Responsible for protecting the rights and interests of schoolchildren

Parents or legal guardians are responsible for making all major decisions and for respecting the rights of underage students.

People who have the primary responsibility for protecting the rights of the child in an educational institution:

teachers;
medical personnel;
director.

If a student is injured at school

If the infringement of rights was not severe, did not carry critical consequences for his health, then the problem must be solved within the school. First of all, you need to draw up an application addressed to the director, ask him to sort out the situation.

If there has been an injury to health, then you must do the following:

spend medical expertise, testify to damage or psychological trauma;
collect other evidence;
submit an application to the director;
write a statement to the police or the prosecutor's office.

The rights of school-age children must be fully protected on school grounds. The quality of education and upbringing of children is closely related to this. Unfortunately, children are often afraid to say out loud that their rights have been violated. In this case, parents need to be more attentive to their children in order to feel the moment when they need help.

Legislative regulation

The Constitution says that our children (and we ourselves) have the right to a free education. It sounds as good as possible, but it is worth noting that many people have serious problems with educational institutions. Experienced parents are well aware that teachers and school administration often violate the rights of children, put pressure on them, and so on. Protecting the rights of children at school is simply necessary. It is important that the individual is not disadvantaged where he receives knowledge.

Children's rights at school

The child, together with his parents, has the right to choose an educational institution, as well as the program by which he will be taught. He has the right to receive an education that meets the standards accepted in the country. At school, he should not be in any danger, teachers should not put pressure on him, and they simply have to make sure that this pressure is not exerted by someone else.

The principle of respect for human dignity is what all school personnel must be guided by. should be carried out only on a modern material basis. The child has the right to use books from the school library fund. School staff cannot choose to whom to give good copies of books and textbooks, and to whom bad ones.

Children have the right to receive additional services, which may be free or paid. They can count on psychological and pedagogical, as well as social and pedagogical assistance in difficult educational or life situation.

The rights of the child at school include the right to choose the language for study (if alternatives are available). Basic instruction should be in the native language of the individual.

Adolescents over 15 years of age have the right not to continue their education (the consent of their parents or legal guardians is required).

The rights of the child in school imply the possibility of children's participation in the mediated or non-mediated management of the institution. In this case, this is determined by the Charter of the educational institution. It must be available for review.

Attendance at leisure activities, expression own opinion are also the rights of the child at school.

Parents can demand that the general education institution be tested for compliance with certain state standards. It is not only about the standards of education, but also and so on.

Respect and protection of children's rights is important, but do not forget that school discipline must be maintained. Its significance is great, however, one should not forget that when it is directed, no one's rights should be infringed, no one's dignity should suffer. Mental and physical violence are unacceptable ways to restore order.

Mental violence is understood as threats, isolation from society, humiliation of her dignity, a negative characterization (especially if it is not justified in any way), a demonstrative negative attitude, and so on.

The situation with the rights of the child in school today is complex. The fact is that in some countries parents only think about how to sue an educational institution. They can go to court for any reason. What is the result? Schools are losing financial resources that could be spent on their development, and their staff is beginning to leave even serious antics of the children with impunity.

The rights of children in school must be protected, but you should not go too far, as this can negatively affect the learning process. We advise you to be careful, since only attentiveness will help determine the situation that really requires immediate intervention.

constitution Russian Federation Every child is guaranteed the right to receive basic general education free of charge.

Upon admission to the school, the child has the right to familiarize himself with the Charter and the internal regulations of the school, which must be posted by the school administration for public viewing.

The student has the right to an accelerated course of study in a subject that can learn ahead of schedule. The ways in which the school can help such a student's desire should be contained in the School Charter.

The child has the right to participate in the management of the internal life of the school. If the student does not agree with the decision of the administration of the educational institution, he has the right to seek assistance from the authorized state bodies through his representative (parent, teacher). This possibility is provided for by Article 9 of Federal Law No. 124-FZ of July 24, 1998 “On Basic Guarantees of the Rights of the Child in the Russian Federation”.

A child over eight years of age has the right to participate in the creation of public associations and organizations at school, if they are not of a political or religious nature. Pupils can hold meetings and rallies to protect their rights, if such meetings do not violate the Charter of the school.

The child has the right to use the school library free of charge.

Federal Laws No. 124-FZ of 24.07.1998 “On Basic Guarantees of the Rights of the Child in the Russian Federation”, No. 273-FZ of 29.12.2012 “On Education in the Russian Federation” establishes the rights of the child to respect for his human dignity, freedom of conscience, information, to the free expression of their opinions and beliefs, as well as freedom from forced labor.

When studying at school, each student is obliged: to comply with the Charter and rules of the educational institution; to study conscientiously; attend classes included in the main educational program, in accordance with the schedule; take good care of school property; respect the honor and dignity of other students and school employees; comply with the requirements of school employees to comply with internal regulations.

It is not uncommon for parents of schoolchildren to collect funds for the needs of the school. You should be aware that the decision to transfer money in favor of the school can only be voluntary.
The same applies to extracurricular activities. Each school has a curriculum that lists the main general education program by class, as well as additional tasks, circles and electives. The main program is free and obligatory for the student, attending additional classes can only be voluntary. The teacher cannot force the student to attend additional classes that are not included in the main program.

No religion or belief should be imposed in the school. The child has the right to freedom of conscience and religion. The school does not have the right to hold any events of a religious nature and collect donations for religious organizations. Students have every right to refuse to participate in such activities.

In addition, the teacher does not have the right to force students to declare their affiliation to any religion.

In case of violation of the rights of the child, parents and other legal representatives may file a written complaint with the principal of the school. In case of failure to take measures - to the territorial body of the Department of Education at the location of the school or to the prosecutor's office. In addition, parents have the right to appeal against the actions of the school administration in court.

The school also does not allow the use of physical and mental violence against students. The use of such methods is the basis for bringing an employee of an educational institution to criminal responsibility.

As a rule, on the one hand, there is ignorance, and, on the other hand, violation of the rights of schoolchildren leads to conflict situations "school - student - parent".

How can parents protect the rights of the child at school? Let's look at a few examples.

Gender equality

Gender equality is when every person has equal rights, regardless of whether he belongs to the male or female sex.

Possible violation- Gender discrimination: girls were ordered to wash floors, while boys were allowed to go home.

Reference. If a person is limited in rights and opportunities on the basis of gender, then this is nothing but discrimination. international law and Russian legislation discrimination is strictly prohibited.

What to do?

Try to solve the problem in a peaceful way: draw the attention of the class teacher that it is impossible to impose more responsibilities on girls than on boys, suggest not dividing students into boys and girls, but asking all the guys for help.

If this does not help, then proceed according to the scheme: administration - education department - court.

School and religion

The school does not have the right to force students to declare their belonging to a particular religion - this is a personal matter for everyone.

Possible violation- imagine that the Plan of school-wide or class activities provides for visiting Orthodox monastery. Among the students there are not only Orthodox, but also Muslims, Buddhists or followers of other religions, and this event may be contrary to their religious beliefs.

Reference. Every person has the right to freedom of conscience and religion, i.e. everyone has the right to decide for himself whether to believe in God or not, and which religion to choose. Everyone has the right not only to believe or not to believe, but also to act as his faith or convictions dictate. Also, for various reasons, not everyone can openly talk about their religious beliefs and feelings.

The law “On freedom of conscience and religious associations” states: “It is prohibited to involve minors in religious associations, as well as teaching minors religion against their will and without the consent of their parents or persons replacing them.”

What to do?

The school must refuse to hold events that have a religious connotation, because the school cannot hold any events related to religion, for example, collect donations for the needs of religious communities, involve students in religious rites, because. in this case, the norm of the Law on the secular nature of education is violated.

Students have every right to refuse to participate in activities related to religion.

If they try to involve students in these events forcibly, then you should file a written complaint with the principal of the school, contact the education department, the Commissioner for Children's Rights.

Respect for the honor and dignity of the student

Students have the right to respect for their honor and dignity.

Possible violation — arguing between a teacher and a student in the presence of the whole class or bringing a discussion of the student's opinions and beliefs to the class without his consent.

Reference. Public proceedings are in conflict with the right of students to respect their human dignity, which is enshrined in the Law "On Education" (Article 50, paragraph 4), are offensive and unacceptable. The Russian Constitution establishes the right to freedom of opinion and belief: “No one can be forced to express his opinions and beliefs or to renounce them” (Article 29, paragraph 3). In addition, such "court trials" cause enormous moral damage to children. The use of such methods of education by a teacher is not permissible.

What to do?

Find out from the teacher the essence of the conflict. Did the teacher talk with the student in advance and did he get his consent to a public discussion of his actions.

In case of violation of the law, file a complaint with the principal of the school.

You also have the right to apply to the court for the protection of the honor and dignity of the child.

Right to health care

The school is responsible for the life and health of children during the educational process.

Possible violation the student is exempt physical activity and there is a note about it. However, the physical education teacher did not take this into account and gave the student a deuce.

What to do?

It can be explained to a physical education teacher that running and jumping after surgery is dangerous for a student.

Ask for help from the class teacher and head teacher. "Deuce" should be canceled, and in the future such cases should not be repeated.

If verbal appeals do not help, then write a statement to the principal of the school demanding a disciplinary investigation into this fact.

If, nevertheless, the teacher forced the child to study and such “physical education” harmed his health, stock up on the necessary documents, and feel free to go to court.

Mandatory additional classes, electives

All additional classes, such as circles, electives, sections, etc. can only be voluntary.

Possible violation- sometimes the school forces children to attend extra classes.

Reference. Every school has a curriculum. It records what subjects are studied in a given class and how much time is devoted to these subjects. Therefore, no one can force a student to attend additional classes. For example, if there is no “solid state physics” as a compulsory subject in the curriculum, then this special course can not be attended.

What to do?

We proceed from the fact that any teacher will highly appreciate a student who has additional knowledge gained in a special course. When passing the exam in the main subject, this will only benefit the student.

If you are afraid that the teacher will still be biased towards the child, discuss the situation with the teacher, head teacher of the school, write a statement to the director.

socially useful work

“It is prohibited to involve students, pupils of civil educational institutions without the consent of students, pupils and their parents (legal representatives) in work not provided for by the educational program,” is also written in Article 50 of the Law “On Education”.

Possible violation- children are forced to be on duty in the classroom, around the school, clean up the territory, etc.

Reference. Article 37 of the Constitution of the Russian Federation states: "Forced labor is prohibited."

Also pay attention to the wording of Article 50 of the Law "On Education": the school must obtain not only the consent of the students themselves to help the school with their work, but also the consent of their parents. This means that the school does not have the right to order schoolchildren to take rags in their hands and go to wipe puddles in school corridors, participate in duty, sweep streets, clean bus stops and forest parks.

If we follow the letter of the law, then even if the students themselves stood with rags and brooms in their hands and begged to be allowed to participate in the labor landing, the director could not allow them to do this until they bring written consent from their parents.

What to do?

If the school still forces the student to be on duty, clean the school grounds or public places, then parents can appeal against the actions of the school.

You can apply to the director with a written complaint about the actions of the class teacher, who forces the children to do work, be on duty in the classroom, wash the floors, take up “post number one”. If the director refuses to release the child from duty, work, write a complaint to the department of education and the authorities for the protection of the rights of the child.

If this does not help, parents can sue the school.

Sometimes they refer to the Charter of the school. Read it and make sure that such a rule really exists. It is very likely that it will not be there. But in any case, the Charter of the school cannot contradict the Law and the Constitution. If there is a contradiction, then it is necessary to be guided not by the Charter (or the order of the director, or some provision), but by the Constitution and the Law. In this case, parents can apply to the founder, as well as to the prosecutor's office.

If the school really needs help, then it can turn to the students with a request, rather than an order. Pupils have the right to decide for themselves whether to respond to the request of the school or not. You should also find out in advance the position of parents on the issue of involving their children in work. This applies not only to emergency cases, but also to ordinary duties, general cleaning and other “labor landings”. Please note that even if the child works for the benefit of the school of their own free will, parental consent is required.

If parents do not agree with the involvement of children in socially useful work, then they have every reason to complain about the school not only to the educational authorities, but also to sue.

Self-service at school, of course, should be, but it is necessary to look for a solution to this problem together with students, human rights activists and parents of students, guided by the current legislation.

Right to education

All citizens of Russia have a constitutional right to education.

Possible violation– removal of a student from a lesson or not admission to classes.

Reference. The teacher has no right not to let the student into the lesson or kick him out of the class. The teacher does not have the right to decide this arbitrarily. If a student came in a state of intoxication or began to smash school furniture, then the teacher must respond: call the school administration, the police and other specialists who will take the student from the teacher from hand to hand and continue to work with him. But when the student's behavior does not pose any danger, the teacher is obliged to let him into the classroom. Teaching a student is his duty, a job for which the state pays him money.

What to do?

If this happened, try to find out all the circumstances of the conflict.

If you determine that your student has nevertheless violated the Student Rules, then read your school's Bylaws and find out what penalties are provided for this. Such punishment as removal from the lesson should not be in them.

Write a complaint to the principal of the school. If the situation still does not change after this, file a complaint with the Department of Education with a request for a disciplinary investigation. The Law "On Basic Guarantees of the Rights of the Child in the Russian Federation" gives this right.

Dear parents! Do not let yourself and your children be humiliated! Teach your kids to stand up for themselves.

In preparation, materials from a number of Internet sites were used.

Protecting the rights of the child at school