本期为大家推送的是近三年国外受教育权研究方向的论文，并根据论文被引频次、所在期刊的影响因子和分区情况、与研究主题的关联度、能否获取英文全文等因素综合评价，重点推荐10篇论文。
一、数据源
1. 数据来源：SSCI（Social Sciences Citation Index）、HeinOnline法学全文数据库；
2. 论文发表年限：2018年1月1日—2021年4月29日；
3. 检索词：“Right* to Education”，在SSCI数据库中通过主题检索，在HeinOnline数据库中通过标题检索，并将文献类型限定为Article，同时人工删除了部分与研究主题相关性较小的论文，共筛选出50篇相关论文（包含40篇SSCI论文和10篇非SSCI法学论文）。
二、关键词共现分析
经对40篇受教育权SSCI论文关键词进行分析，该主题的研究热点主要关注人权、学生、早期教育、儿童权利、难民、政策、平等、COVID-19等方向。
三、国外受教育权论文推荐（10篇）
1. THE FUNDAMENTAL RIGHT TO EDUCATION（SSCI）
受教育的基本权利
【First Author】Black, Derek W.
【Source Title】NOTRE DAME LAW REVIEW.2019
【Abstract】New litigation has revived one of the most important questions of constitutional law: Is education a fundamental right? The Court's previous answers have been disappointing. While the Court has hinted that it might recognize some minimal right to education, it has thus far refused to do so.
To recognize a fundamental right to education, the Court would have to overcome two basic problems. First, the Court needs an originalist theory for why our Constitution protects education, particularly since the word education does not even appear in the Constitution. Second, the right to education implicates complex questions regarding its scope. Those questions would require the Court to determine the quality of education the Constitution requires. Neither litigants nor scholars have seriously grappled with these problems, which explains why the Court has yet to recognize a right to education. This Article cures both problems.
Not only is this Article the first to offer a compelling originalist argument for a fundamental right to education, it demonstrates that the right falls squarely within the Court's existing precedent. It traces the fundamental importance of education from the nation's founding principles through the years immediately following the Fourteenth Amendment. Most importantly, it details how, in the years surrounding the final ratification of the Fourteenth Amendment, Congress demanded that states guarantee access to public education in their state constitutions and linked these demands to the Fourteenth Amendment itself In fact, after the Fourteenth Amendment, no state would ever again enter the Union without an education clause in its constitution. This history, due to its complexity, has quite simply been overlooked.
This Article is also the first to define the scope of a right to education with historical evidence. It demonstrates that the original purpose of public education was to prepare citizens to participate actively in self-government. In the mid-nineteenth century, this required an education that prepared citizens to comprehend, evaluate, and act thoughtfully on the functions and policies of government.
2. Equality of Opportunity and the Schoolhouse Gate（SSCI）
The Schoolhouse Gate: Public Education, the Supreme Court, and the Battle for the American Mind
机会平等与校门紧闭：公共教育、最高法院和美国精神之战
【First Author】Adams, Michelle
【Source Title】YALE LAW JOURNAL.2019
【Abstract】Public schools have generated some of the most far-reaching cases to come before the Supreme Court. They have involved nearly every major civil right and liberty found in the Bill of Rights. The cases are often reflections of larger societal ills and anxieties, from segregation and immigration to religion and civil discourse over war. In that respect, they go to the core of the nation's values. Yet constitutional law scholars have largely ignored education law as a distinct area of study and importance.
Justin Driver's book cures that shortcoming, offering a three-dimensional view of how the Court's education law jurisprudence has evolved over the past century. The Court, once loath to intervene in school affairs, increasingly recognized that students' constitutional rights do not end at the schoolhouse gate. But that extension has not been without limitations, pause, or controversy. Driver vividly narrates both the Court's internal conversations and those occurring in broader society. Most importantly, Driver helps the reader see how the Court's decisions were not preordained, could have gone a number of different ways, and heavily influenced the history that followed.
This Book Review, however, argues that no account of the Court's education precedent is complete without a detailed examination of how the Court's decisions have affected equal opportunity. The attempt to ensure equal educational opportunity is ultimately the tie that binds so much of the Court's precedent. Unfortunately, the Court's doctrine on this score has not been one of consistent expansion. In fact, too often the Court has limited students' rights and, thus, the educational opportunities they receive. This failure is dearest in two areas: those cases implicating a constitutional right to education and school desegregation.
3. Autism and family involvement in the right to education in the EU: policy mapping in the Netherlands, Belgium and Germany（SSCI）
欧盟的自闭症和家庭参与受教育权：荷兰、比利时和德国的政策规划
【First Author】van Kessel
【Source Title】MOLECULAR AUTISM.2019
【Abstract】Introduction: In recent years, the universal right to education has been emphasised by the Universal Declaration on Human Rights and the Convention on the Rights of Persons with Disabilities. In this paper, we mapped policies relevant to special education needs and parental involvement of children with autism at an international level and in the Netherlands, Germany and Belgium.
Methods: A policy path analysis was performed using a scoping review as an underlying methodological framework. This allowed for a rapid gathering of available data from which a timeline of adopted policies was derived.
Results and discussion: Internationally, the universal right to education has been reinforced repeatedly and the values of the Universal Declaration of Human Rights have been reiterated with every reinforcement. Also, the additional support that a child with special education needs requires is acknowledged and measures are taken to facilitate access to any education for all children. There are slight cross-country differences between the countries under study, attributable to differences in national regulation of education. However, all countries have progressed to a state where the right to education for all children is integrated on a policy level and measures are taken to enable children with special needs to participate in education. Recently, an attempt to implement a form of inclusive education was made as a form of special needs provision. Nevertheless, nowhere has this been implemented successfully yet.
Conclusion: The Universal Declaration of Human Rights was a critical juncture in international policy and created an environment where the universal right to education has been implemented for all children in the countries under study.
4. Equality of What? The Capability Approach and the Right to Education for Persons with Disabilities（SSCI）
什么的平等？残疾人的能力方法与受教育权
【First Author】Broderick, Andrea
【Source Title】SOCIAL INCLUSION.2018
【Abstract】The right to education is indispensable in unlocking other substantive human rights and in ensuring full and equal participation of persons with disabilities in mainstream society. The cornerstone of Article 24 of the United Nations Convention on the Rights of Persons with Disabilities seeks to ensure access to inclusive education for persons with disabilities on an equal basis with others as well as the full development of human potential. Since the adoption of the Convention, there has been much theorising about inclusive education; however, there has been little focus on the meaning of equality in the context of the right to education for persons with disabilities. The capability approach, developed by Amartya Sen and further refined by Martha Nussbaum, focuses on ensuring equality and developing human potential. It is often viewed as a tool that can be used to overcome the limitations of traditional equality assessments in the educational sphere, which only measure resources and outcomes. This article explores whether the capability approach can offer new insights into the vision of educational equality contained in the Convention and how that vision can be implemented at the national level.
5. Solving Problems No One Has Solved: Courts, Causal Inference, and the Right to Education（SSCI）
解决无人解决的问题：法庭、因果推理和受教育权
【First Author】Elmendorf, Christopher S.
【Source Title】University of Illinois Law Review.2018
【Abstract】For several decades now, liberal public-interest litigators have argued that insufficiently generous subsidies for the education of disadvantaged children violate the education or equal protection clauses of state constitutions. Their opponents responded that the evidence that more money would substantially improve student outcomes was too speculative to warrant judicial intervention. More recently, conservative public-interest litigators have started attacking teacher tenure and seniority protections on the same constitutional grounds. In response, liberals are parroting the evidentiary and causation arguments that conservatives made in school-finance cases. Both factions in this back-and-forth have overlooked a critically important fact: The state's own choices substantially determine whether researchers-and hence litigators-can produce credible evidence concerning the causal effect of state laws and funding arrangements on the outcomes that ground the education right. States exercise this control through the architecture of administrative data systems; through the rules for assigning students, programs, and funding to schools; through the manner in which educational reforms are rolled out; and through the terms on which the state provides access to administrative data.
Recognizing that the information needed to enforce the education right is endogenous to law, we make the case for a new, information-oriented, education-rights jurisprudence in which courts would intervene not simply to resolve disputes about how to organize and fund the education of disadvantaged children, but to enable more credible tests of the competing predictions of warring education reformers. Our analysis directs attention to several issues that have been overlooked since education-rights litigation got underway in the 1970s and does so at a critical moment-as educational research undergoes a scientific revolution bearing on the very questions that must be answered to implement the education right.
6. The Right to Education and ICT during COVID-19: An International Perspective（SSCI）
国际视角下：新冠肺炎时期的受教育权和信息通信技术
【First Author】Lazaro Lorente
【Source Title】SSUSTAINABILITY.2020
【Abstract】There is a lack of concluding evidence among epidemiologists and public health specialists about how school closures reduce the spread of COVID-19. Herein, we attend to the generalization of this action throughout the world, specifically in its quest to reduce mortality and avoid infections. Considering the impact on the right to education from a global perspective, this article discusses how COVID-19 has exacerbated inequalities and pre-existing problems in education systems around the world. Therefore, the institutional responses to guaranteeing remote continuity of the teaching-learning process during this educational crisis was compared regionally through international databases. Three categories of analysis were established: infrastructure and equipment, both basic and computer-based, as well as internet access of schools; preparation and means of teachers to develop distance learning; and implemented measures and resources to continue educational processes. The results showed an uneven capacity in terms of response and preparation to face the learning losses derived from school closure, both in low-income regions and within middle- and high-income countries. We concluded that it is essential to articulate inclusive educational policies that support strengthening the government response capacity, especially in low-income countries, to address the sustainability of education.
7. The Right to Education as a Framework for Educational Policies
作为教育政策框架的受教育权
【First Author】Sancho Gargallo
【Source Title】International Journal for Education Law and Policy.2018
【Abstract】Regarding the educational reforms proposed by the recent change of government in Spain, the aim of this study is to analyse the extent to which the proposed educational policies can affect school choice and other essential contents of the right to education, understood as a social right and the right to freedom.
It will be analysed whether these educational policies and reforms find a constitutional and legal basis or whether they are in some measure contrary to the text and the constitutional doctrine.
The constitutional, normative, doctrinal and argumentative basis will be provided to defend the essential aspects of the right to education. These include freedom of choice of school, the right ofparents to ensure that their children receive the religious and moral formation that is in accordance with their own convictions, and the right to establish and direct schools and to provide them with the corresponding ideals.
8. The Human Right to Education: Definition, Research and Annotated Bibliography
受教育人权：定义、研究和注释书目
【First Author】Jootaek Lee
【Source Title】Emory International Law Review.2020
【Abstract】The role and function of education cannot be emphasized enough. Education enhances and develops human abilities, consciousness, identity, integrity, potential, and even power. However, no literature or other instrument comprehensively and consistently defines education. This inconsistent approach to the human right to education is more harmful than beneficial. Considering a wide variety of international instruments and literature, this Article will seek to provide a comprehensive and consistent definition of the human right to education. This Article will also provide an annotated bibliography of various sources which can facilitate the research of scholars and practitioners in this field. A list of primary source instruments, including domestic laws of selective countries, is also introduced.
9. European Trends in the Right to Education during the Pandemic. Measures Taken by the European Commission during the Pandemic to Ensure the Protection of the Right to Education
流行病期间欧洲受教育权趋势——欧洲委员会在大流行病期间为确保保护受教育权采取的措施
【First Author】Patraus, Mihaela
【Source Title】AGORA International Journal of Juridical Sciences.2020
【Abstract】The aim of this paper is to describe the implications of the European institutions for the basic legal framework for the protection of the right to study and the development of education in the context of the pandemic, by supporting and complementing the actions of Member States by the European Union. Since the onset of the crisis, the European Commission has made efforts to coordinate, supplement and initiate the necessary measures to address all aspects of the coronavirus pandemic. The digital sector plays an important role in the educational process.
10. The Right to Education of Vulnerable Groups of Children in the Russian Federation in the Light of the Activities of the UN Committee on the Rights of the Child
从联合国儿童权利委员会的活动看俄罗斯联邦弱势儿童群体的受教育权
【First Author】Abashidze, Aslan
【Source Title】Journal of Advanced Research in Law and Economics.2018
【Abstract】The right to education is enshrined in a number of international treaties to which Russia has acceded. As applicable to theright to education for children, the Convention on the Rights of the Child of 1989 holds a central position. The RussianFederation fulfills its obligations under Art. 44 CRC on the provision of periodic reports in good faith and has so far submittedfive such reports. The analysis of the consideration of reports by the Committee on the Rights of the Child makes it possibleto identify a number of categories of children who have particular difficulties with the exercise of the right to education. Thisarticle analyzes the problems of certain categories of children in the Russian Federation with regard to the right to educationand suggests specific recommendations for improving the situation.
附件：
国外受教育权文献列表.xls（共50篇）
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东南大学人权研究院