Judicial Protection Models and Implications for the Rights of American Primary and Secondary School Students
Since the landmark Case of"Tinker v.Des Moines Independent Community School District"in 1969,the USA has developed a model for protecting the rights of primary and secondary school students through judicial means.This model enables the judiciary to evaluate if school decisions encroach on students'rights.Precedents set in this model specify various factors,such as students'ages,mandatory education,school order and safety,the support schools offer,and the aims of education,which can potentially limit students'rights.These factors serve to uphold the school's authority in areas like educational planning and discipline.Contrarily,China's approach to protecting the rights of students in these age groups often overemphasizes physical health and safety rights,at the expense of rights like privacy and participation.It also tends to stress the school's responsibility for safety without considering the nuances of the educational environment.Thus,China can adopt aspects of the American judicial model for a more comprehensive protection of students'rights,including using case law to define educational context and appropriately restrict student rights when necessary.
students'rightsAmericajudicial protectioncharacteristics of educational environment