公民终身学习权保障的国家义务及实现路径

State Obligations and Pathways to Realization of Citizens’ Right to Lifelong Learning

公民终身学习权是指公民终生都应享有学习并能自由支配其学习过程的权利,具有奠基性、发展性、全面性的特性。公民终身学习权作为每个公民都应享有的基本权利,是一项需要国家施以保障的权利,国家义务是保障公民终身学习权的根本所在,公民终身学习权的实现依赖于国家通过履行尊重义务、保护义务和给付义务来保障。国家尊重义务是指国家应当尊重公民选择学习类型、学习方式、学习内容的自由权利。国家保护义务是指国家应当从立法、行政、司法等方面保障公民终身学习权。国家给付义务是指国家从物质、服务、制度等方面为公民实现终身学习权提供相应保障。

The right of citizens to lifelong learning refers to the right of citizens to learn throughout their lives and to freely dispose their learning process, which is fundamental, developmental and comprehensive. As a fundamental right to be shared by every citizen, the right to lifelong learning is a right that needs to be guaranteed by the state. The state’s obligation is fundamental to guaranteeing the right to lifelong learning, and the realization of the right to lifelong learning depends on the state’s fulfilment of its obligations to respect, protect and pay. The state’s obligation to respect means that the state should respect citizens’ freedom to choose the type, mode and content of their learning. The state’s obligation to protect means that the state should guarantee citizens’ right to lifelong learning through legislative, administrative and judicial means. The state’s obligation to pay means that the state shall provide corresponding guarantees for the realization of citizens’ right to lifelong learning in terms of materials, services and institutions.