1. Introduction介绍
虽然在教育的重要性上似乎有相当程度的国际共识，但上述共识背后有不同的观点，不需要这些不同的观点保持一致（Henderson，2015年）。这意味着作为人权的教育仍在协议的进程中。在本条的讨论中，犯罪分子是犯罪的公民，人身自由受到一定的限制，以进行刑罚，被剥夺其进一步的犯罪条件，一些罪犯在监狱中的权利，将根据具体环境被剥夺或限制在监狱内，不能行使。此外，确定罪犯权利的依据是罪犯也是一个人，这在法律中得到了体现，即罪犯也是国家公民，享有公民权利（Henderson，2015年）。公民权利，是指公民依照宪法和法律的规定，可以从事某种行为或者不从事某种行为，并要求他人作出某种行为，以实现自己的某种利益或者愿望。
根据联合王国法律，公众应抓住法治精神，维护囚犯的受教育权利。囚犯的权利，是法律没有明确规定的，但罪犯应根据社会物质和精神需要的现实情况和社会需要，并应享有的权利，罪犯应享有的权利，应根据具体身份，并应享有囚犯的权利（Vorhaus，2014年）。法律既不可能也不必要对罪犯的一切权利作出明确的规定，因此，在实践中保障罪犯的受教育权利不仅是法律明文规定的。对于那些没有明确法律的人，在理论和实践上有不同的观点。因此，本文可以讨论所有囚犯是否都有受教育的权利。
While there seems to be a significant degree of international consensus on the importance of education, there are different views underlying said consensus, and there is no need for these different views to be consistent(Henderson, 2015). That means that education as a human right is still in the process of the agreement. In the discussion of the article, criminals are citizens of sin, personal freedom by certain limits in order to carry on the punishment, deprived of its further crime conditions, some of the rights of criminals in prison, will be deprived or limited to a prison in accordance with the specific environment and is unable to exercise. In addition, the basis for determining the rights of the criminal is that the criminal is also a person, which is reflected in the law, which is that the criminal is also a citizen of the country and is entitled to civil rights (Henderson, 2015). Civil rights, refers to the citizens in accordance with the provisions of the constitution and the law, can be engaged in a certain behavior or not to engage in a certain behavior and requires others to make some kind of behavior, in order to realize their own some interest or desire.
In accordance with the law of United Kingdom, the public should seize the spirit of the rule of law and safeguard the education rights of prisoners. The rights of prisoners, is the law did not make that clear, but criminals based on the reality of social material and spiritual needs and to the social need, and shall enjoy the rights of the criminal should enjoy human rights and based on the specific identity and shall enjoy the rights of prisoners (Vorhaus, 2014). Law is neither possible nor necessary to prisoners all rights to make clear a regulation, therefore, in the practice of the guarantee of the education rights of criminals is not only the law explicitly stipulated. There are different points of view in theory and practice for those who do not have explicit laws. Therefore, this article could discuss whether all prisoners have the right to education.
2. The right to education 受教育权
2.1 International declarations of human rights国际人权宣言
Human rights is the product of historical development, before the second world war, human rights have been refers to domestic laws regulations of its inpidual citizens enjoy civil rights and political rights, human rights issues are basically belongs to matters of domestic jurisdiction (Achakzai, Bukhari& Tahir, 2015). After the Second World War, the post-war international struggle over human rights was also represented by the concept of human rights, thanks to the growth of democratic and peaceful forces. For over 50 years, the United Nations general assembly and other UN agencies, through or make a lot of documents on human rights, has established a relatively complete system of international human rights law documents, formed a set of principles of international law on human rights, rules and regulations, so the new branch of modern international law, international human rights law presents the preliminary and clear structure (Robison, 2014).
The international human rights law, or human rights law, refers to the sum of international law principles, rules and institutions that ensure and promote basic human rights and freedoms in the international community. As the departments of new international law, international human rights law origin with the origin of international law are consistent, mainly is the habit of international human rights conventions and international human rights law rules. General of the international human rights law also includes the protection of civilians during the war and armed conflict, fighters, and victims of war and armed conflict of principles, rules and regulations (Saxton, 2016). This part of the legal code is known as the international humanitarian law.
In his state of the union address on January 6, 1941, Roosevelt put forward the famous four freedoms of speech, namely, the freedom of speech and of speech (Hurry & Rogers, 2014). Every man in his own way worships the freedom of god. The freedom of freedom and the fear of the word, on August 14, Roosevelt and British Prime Minister Winston Churchill to sign the Atlantic charter also stressed to make all over the world all humans have a free life, no fear, with a guarantee of security. Roosevelt's human rights thought directly influenced the formulation of the United Nations charter (Butt, 2014). In addition, the havoc of war makes a person rational, which makes it possible for opposing groups to have dialogue and cooperation. The United Nations was founded in this context.
International charter of human rights, including the universal declaration of human rights, the international covenant on economic, social and cultural rights, the international covenant on civil and political rights, the international convention on civil and political rights to any protocol. This is the most basic human rights document of the UN system and the basic document of modern human rights law.
(1) the universal declaration of human rights
(2) Two international human rights conventions
2.2 Author’s view on the education right
3. Prisoners’ right to education
3.1 International laws
3.2 National laws
3.3 Author’s view on this topic
4. Arguments for and against prisoners’ rights to education.
4.1 Agree with this statement
4.1.1 Reasons and examples
4.2 disagree with this statement
4.2.1 Reasons and examples
5. Conclusion
In summary, the right to education, as a basic right of citizens, is the means and foundation of other human rights, and is an important right for the development of a person. Now the right to education in the modern society has become a common legal rights, the universal declaration of human rights, the international covenant on economic, social and cultural rights and other international documents and treaty, have the right to education for the regulation, thus the right to education in an important position in international human rights protection system. In addition, Right to education is not only fundamental personal rights stipulated in our constitution, and it is the international human rights convention expressly provides that need protection and confirmation of a basic human right. Countries for the protection of the right to education and guarantee the realization of the right to education is not only to fulfill its obligations of the constitutional provisions of the state of national requirements, is also a country to undertake international law obligations and shall comply with the international convention on human rights is a kind of reflect.
In addition, Equality and non-discrimination are one of the most basic rights enshrined in the human rights treaty. Now all countries in the pursuit of human rights, equality, refused to discriminate against others, but not all countries have formed a set of perfect anti-discrimination law, for the kinds of anti-discrimination and not every country were recognized, many countries in the ruling on anti-discrimination are made, which makes against discrimination, and the pursuit of equality difficult roads, affected the treaty to xiao li. Thus, to achieve real equality and nondiscrimination, it will be a long way to go, you also need to the international community, national and personal efforts, on the basis of legislation also promote equality and nondiscrimination in practical process, so that can make the whole world is gradually realized in the true sense of equality and nondiscrimination.
As a consequence, the prisoners have the right to education.
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