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平等学习权是一项人人享有的基本人权。中学生处于青年世界观、价值观转变的特殊阶段,“落后生”的学习权得不到保障,对其成长会造成重大影响,因此,对这类主体的平等学习权研究具有重要的意义。但是,“落后生”的平等学习权问题是一个非常敏感的话题,对于所有教育者,包括教师、父母以及社会大众等也都是无可回避的话题。平等学习权,就是学生无论是否优秀,皆按照权利平等、机会平等、规则平等的方式,享有学习自由、学习条件保障和个性发展的权利。学习权的平等主要表现为三个原则:无差别对待原则、按比例原则和补救原则。无差别原则保证了形式上的平等,按比例原则和补救原则保证了事实上或者实质上的平等。
The right to equal learning is a basic human right enjoyed by all. Middle school students are in a special stage of the world view of youth and their values are changed. The right of learning of “backward” can not be guaranteed and will have a significant impact on their growth. Therefore, it is of great significance to study the equal right of study of such subjects. However, the issue of equal rights to study for “backward” students is a very sensitive issue that is unavoidable for all educators, including teachers, parents and the general public. The right to equal learning means that students, whether excellent or not, enjoy the right to freedom of study, guarantee of learning conditions and individual development in accordance with the principle of equal rights, equal opportunities and equal rules. Equality in the right to learn is mainly manifested in three principles: the principle of non-discrimination, the principle of proportionality and the principle of remedy. The principle of non-discrimination guarantees formal equality, and the principle of proportionality and the principle of redress guarantee the de facto or substantive equality.