Violations in the field of school education. What rights do students and their parents have?

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

Every person has the right to education in accordance with the Constitution. It is education that is an integral part of the harmonious and full development of the individual. Every child in modern world is obliged to attend in order to acquire new knowledge and skills and improve already known ones.

Meanwhile, the education of children in an educational institution does not always go smoothly and calmly. Some parents are faced with a situation where the rights of their child in school are infringed. To prevent this from happening, starting from the first grade, you must convey to your son or daughter in an accessible form what exactly he is entitled to.

In this article, we will tell you what the rights of a child are at school in Russia and Ukraine, and what needs to be done to protect your child from arbitrariness.

What rights does a child have in schools in Russia and Ukraine?

The rights of schoolchildren, both in Russia and in Ukraine, are no different. Every child is protected by law, and his rights at school must be suppressed and punished. Ukrainian and Russian schoolchildren have the following rights:

independently choose the educational program, as well as the school in which the child will study;
study in a safe environment;
to the respect of their personality by all the staff of the educational institution;
to provide the necessary educational base, that is, textbooks, workbooks, and so on;
get a secondary education and a certificate absolutely free of charge;
receive the necessary art and educational literature in the school library;
voluntarily participate in the improvement of the school and school grounds;
if you wish to receive additional services, including on a commercial basis;
if necessary, receive qualified assistance from a professional psychologist;
at any time of the year, the student, with the consent of his own parents, has the right to transfer to another educational institution of a similar type;
receive education in their native language, as well as choose an additional language for study;
after 15 years, with the consent of parents or guardians, the student has the right to stop studying;
attend any school activities;
express your opinion openly and listen to the opinions of others.

What to do in case of infringement of the rights of the child at school?

Since any student is the same citizen of his state as everyone else, infringement of his rights while studying at an educational institution is not allowed and should be punished. This also applies to the rights of a child with a disability. If there are certain medical indications and the consent of parents or guardians, such children can study in specialized institutions. Meanwhile, if a child can study in a general education school for health reasons, the rights of a disabled child should absolutely not differ from the rights of healthy children.

The rights of schoolchildren can be violated in case of manifestation in their direction, both physical and psychological violence. At the same time, if all children and parents are well aware that the use of physical force against a child is unacceptable, then some forms of psychological violence may be left without due attention.

So, violation of the rights of the child at school from a psychological point of view can be expressed in the following:

In the event of any manifestation of violence on the part of the teacher, parents can apply to the principal with a request to protect the rights of their child in the school. If the top management of the educational institution refuses to understand the situation, mothers and fathers, as well as guardians, have the right to file an application with the prosecutor's office.

The school life of our children is filled with various situations, often unforeseen and difficult. In some cases, parents are lost and do not know what to do in a certain situation when it is necessary to protect the rights of children. Most often, parents do not protect them in any way, simply because they do not know their rights, do not know how to defend them correctly, or do not want to spend time on this. Many simply do not believe that justice can be achieved. Today on the site www.site, we will talk about this in more detail, and I will tell you how to protect the rights of the child at school.

You need to know that there are special bodies that are designed to provide assistance in various controversial issues related to the protection of the legitimate rights and interests of the child at school. You can always turn for support, advice and advice to the guardianship and guardianship authorities, to the commission for minors at the district police department.

You will be helped by the police, the prosecutor's office, the court. You can also contact the Ombudsman for Children in your area. Of course, you can protect the child yourself. But in this case, you will need to devote a lot of time and painstakingly study the legislation.

In any case, you need to know that this is sometimes a very difficult task, taking a lot of time and effort. But it is worth it to protect the honor and dignity of your child. So, if you need such knowledge, take note of these recommendations:

As Art. 12 of the Civil Code of the Russian Federation (CC) - rights can be protected in any way that does not contradict or is not prohibited by law.

What are students entitled to?

Every student has the right:

Choose the educational institution in which he wants to study. If the school program of an educational institution suits him, but it is not located in his area of residence, he has every right to study there.

Training must be conducted in conditions that guarantee safety. For example, if in physical education a child is forced to climb a rope, but special mats are not placed below, he may refuse to do so.

To respect from teachers, administration, technical workers, security guards and other employees of the school institution.

For free education guaranteed by the Constitution of the Russian Federation. Free education - primary, basic, up to grade 9. Complete secondary up to grade 11 (inclusive). However, if he stays for the second year in the 7th grade, free education is not guaranteed to him.

The child has the right to use teaching aids to get the books he needs from the school library.

Parents can contribute money for the improvement of the school only on a voluntary basis, as a one-time assistance. No one should insist on it, let alone force children to do it.

Children can attend any school circles, sport sections. No one has the right to deny them this. If a child is not tall, but wants to play basketball, he must be admitted to this section.

A teacher, a psychologist, are obliged to help children in mastering the school curriculum during the educational process.

A student has the right to transfer to another school at any time, including at the end of the school year. If it is provided for by the charter of the educational institution, the student may participate in the management of the school.

Even if he is not a member of the council, it may attend its meetings.
The student is not required to attend activities that are not included in the curriculum. These include various concerts, excursions, cult. hiking, etc.

There are also the rights of the child to respect for his or her personality, dignity and protection of integrity. No one has the right to exert physical and mental violence against him. If the definition of physical violence is more or less clear, the concept of a form of mental violence requires clarification. Moreover, it is these forms that children are most often exposed to at school.

What is mental abuse?

These are threats against the student, forcible isolation of him from other children, excessive demands on him that do not correspond to his age and status, humiliation, insult, leading him out of balance through unfair remarks, systematic unfounded criticism. This may be a negative, unfair characterization, "sticking labels", a demonstrative negative attitude towards the child.

Based on Art. 32 of the Law "On Education" for the mental and physical health of the student during the educational process, as well as for the life of children studying at this school - this educational institution is fully responsible. The school is also responsible for causing damage to the student's property, unless it can prove that it was not at fault for the damage. This must be remembered if there is a question about the violation of the rights of the child at school.

Tips for parents

If you find out that your child is having a serious conflict at school, contact the principal with a written request to look into and take action. If your child has been injured, the first thing to do is to get checked out by the school doctor or go to the emergency room. Get the appropriate extract.

If a student has been mentally affected, undergo an examination by a school psychologist or visit a polyclinic at the place of residence, also take an extract. In both cases, enlist the support of potential witnesses to the conflict.

If the measures taken by the school principal to the perpetrators of the conflict do not suit you, you need to contact the police, prosecutors, the court or other authorized bodies with a statement to take action.

Knowing the rights of children at school, the ability to apply this knowledge, will help you to get out of any difficult situations with honor! In the end, in the country and in every city there is a commissioner for children's rights - an ombudsman.

When a child is enrolled in the first grade of an educational institution, he is automatically endowed with a number of new rights and obligations. Usually, ignorance of such or their violation by the school administration leads to conflict situations "school - student - parent". In this regard, the question arises: how can parents, and the students themselves, defend and protect rights in educational institutions? So let's look at a few examples.

A possible option for violating the rights of underage students may be forcing students to clean the territory of an educational institution or school grounds . In such a situation, Article 37 of the Constitution is violated. Russian Federation stating that forced labor is prohibited. In addition, in this case, Part 4 of Article 34 of the Federal Law “On Education in the Russian Federation” dated December 29, 2012 No. 273-FZ (hereinafter - Federal Law No. 273-FZ), which determines that the involvement of students without their consent and minors students without the consent of their parents to work not provided for by the educational program is prohibited. These norms indicate that the school does not have the right to force schoolchildren to take mops and wash the school premises, clean the school territory. And even if the students would have expressed a desire to participate in the labor landing themselves, the director still could not allow them to do this without the written consent of their parents.

If the school still violates the rights of students in this issue, then parents can appeal the actions of the educational institution. So, you can contact the director with a written complaint about the actions of a teacher who forces children to do this or that cleaning. If the director refuses to release the child from this work, a complaint can be written to the educational authorities and the authorities for the protection of the rights of the child, go to court.

It should be noted that, of course, there should be “self-service” in the school, but the school management needs to look for a solution to this problem together with the students and their parents, guided by the current legislation, and not arbitrarily force students to work.

Compulsory for all students visit Orthodox monastery, how extracurricular activities This is another example of the violation of the rights of students. Among the students can be not only Christians, but also adherents of other religions. This point must be taken into account without fail, because visiting a monastery may contradict the religious views and beliefs of such children.

Regulating this situation, the Constitution of the Russian Federation states that every person has the right to freedom of conscience and religion, that is, everyone has the right to choose their own religion. In accordance with this, students have every right to refuse to visit an Orthodox or other monastery offered for visiting by the school.

If the school administration or the class teacher forcibly involve students in activities related to religion, then parents in this case should file a written complaint with the school principal, contact the education authorities, the commissioner for children's rights and other bodies. If moral suffering is caused to a child by a violation of religious principles, compensation for such harm can be demanded.

Another example of violation of the rights of students - coercion by the school management to attend additional classes. In this case, it is worth remembering that each educational institution has its own curriculum, which strictly spells out the subjects studied in a particular class, and the number of hours devoted to these subjects. No one can force a student to attend additional classes. All circles, electives, sections can only be voluntary, and the student has every right not to attend them.

You can restore violated rights in the same ways - by contacting the school administration, education authorities, the prosecutor's office, and the court. in an efficient way the solution to the problem in this case may be to bring the issue to the school parent council, since when forced to extracurricular activities by some teachers, it is appropriate to put this issue under special parental control in order to prevent such abuse by other teachers.

At the teacher lowering the child in front of classmates or bringing the student's opinions or beliefs to the general discussion without his consent - in this example, there is a clear violation of the law, since, according to part 1 of article 34 of the Federal Law No. 273-FZ, the student has the right to respect for human dignity, protection from all forms of physical and mental violence, personal insults, protection of life and health.

If such a situation has occurred, the student's parents first need to find out the whole essence of the conflict. It is possible that the child, being in a tense emotional state, could perceive the words of the teacher in a distorted way. But if the teacher really acted unprofessionally, one can demand the application of measures of responsibility to him and even compensation for the moral harm caused to the child.

At removal of a student from a lesson or not admission to classes It is also a violation of the rights of the child. In such a situation, the student should know that the teacher does not have the right not to let the student go to the lesson or kick him out of the class. However, there are exceptions to this rule. For example, if a student came in a state of alcoholic or drug intoxication or began to smash school furniture, 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 according to their competence. If the student's behavior does not pose any danger and does not require the intervention of specialists, the teacher does not have the right to restrict the child from attending the lesson.

Thus, any of the students or their parents may face the above or other situations when their rights are violated. Most of the issues can be resolved already at the stage of contacting the school management. Moreover, it is better if the appeal is not oral, but written. In this case, one copy of the document (with a mark of acceptance) must be kept with you. It may be useful for further appeals if the school management does not respond in any way or refuses the requirements.

Assistant to the Chief of Staff of the Tambov Regional Branch of the All-Russian public organization"Association of Lawyers of Russia" Yulia ISTOMINA

He has a lot of new responsibilities. But do not forget that in addition to responsibilities, the child also has rights. The Law "On Education" lists the main child rights at school which must be observed.

The main duties and rights of the child in school are listed in the charter of a particular educational institution, but they must be contrary to the law "On Education", in particular Article 50, entitled "Rights and social support of students, pupils".

The fundamental right is the right to education. Students of all educational institutions have the right to receive education in accordance with state standards and requirements. The right to education includes, in particular:

the right to study according to individual plans;
the right to an accelerated course of study;
the right to free use of the library;
the right to receive additional educational services (both paid and free).

If the child attended a non-accredited private school or was homeschooled, the child has the right pass certification in an accredited educational institution and get a certificate of education.

Also, the child has the right to respect for his human dignity, freedom of conscience, information, free expression own opinions and beliefs. Unfortunately, these rights of the child at school can be violated. Thus, a violation of the right to respect for human dignity can be considered various forms mental abuse encountered at school:

threats, humiliation, insults in word and deed from teachers;
making excessive demands on the child;
systematic unfounded criticism expressed in an incorrect form;
open demonstration of a negative attitude towards the student;
"bullying" (bullying by classmates);
xenophobia and discrimination on any grounds.

What to do if there is a violation of the rights of the child at school? Protecting the rights of the child at school is the business of parents and administration. The task of the parents is to notice that the rights of the child are being infringed upon, and inform the administration about this, the task of the administration is to sort it out. Usually, in conflict situations, the administration meets halfway and conducts an internal investigation in order to avoid public disclosure.

If the child has experienced, first try to solve the problem peacefully by talking with the teacher: in any conflict, you need to listen to both sides. If this does not help, contact the principal of the school. Based on your written application, he is obliged to conduct an internal internal investigation. By order, a commission is created for the school, which includes students or parents, and a decision is made based on the results of the work of the commission.

If a child is offended by other children, you need to first talk with his parents, perhaps this will be enough. If the bullying continues, contact the commission on minors and their rights. This can be done either personally or through a teacher. For offenders under the age of 14, their parents are responsible, who are obliged to compensate for moral and material damage. If the culprit is over 14 years old, he will be responsible for some acts himself.

Prevention of discrimination and xenophobia is the responsibility of teachers. So if your child is being bullied for any reason, contact them. If teachers and school administration are inactive and condoning discrimination, and xenophobic sentiments are strong among students, you have every right to contact the juvenile affairs inspection. There were cases when the school administration was sued for connivance.

Also, the child has the right to a safe and pleasant learning environment. Non-compliance with safety regulations in physical education classes, the smell of paint in the corridors as a result of repairs that were not completed on time, low temperature in classes in the winter - everything that can harm a child's health gives you every right to express your claims.

Observance of the rights of the child at school is the duty not only of the teaching staff and administration, but also of parents. The best interests of the child should be your priority. If a child complains, do not ignore these complaints, do not be afraid to contact the administration: it is their responsibility to ensure that the rights of the child are respected at school. If you want your child to have only positive memories of school years, do not be afraid to seek observance of his rights - but at the same time demand from the child the fulfillment of his duties.