人權、法律、教育：從人性尊嚴論學生作為教育之主體   全文下載

Human Rights, Law, and Education: Legal Analysis for Students as the Subject of Education from the Perspective of Human Dignity

人性尊嚴之保障作為普世價值，雖未明列於我國憲法本文，然歷經大法官釋字之解釋，業肯認人性尊嚴實屬人民基本權之一環，且為憲法所欲保障基本權之最高位階。從人性尊嚴保障觀之，昔日國家教育論者視教育為國家規制人民之手段，此種觀點已漸被當代社會摒棄而逐步邁入國民教育論－即同意學生應為受教育之主體而非客體，強調教育旨於開展學生個人稟賦，並健全其人格發展，爰保障學生之人性尊嚴實屬教育人員應具備之認知，唯有當學校各項教育舉措尊重學生人性尊嚴時，方能期待學生學會自尊尊人，肯定每個人存在之價值。本文最終章試以學校輔導管教措施為例，檢視學校於尊重學生人性尊嚴落實程度，發現教育現場之人權現況，仍有待所有教育人員共同戮力改善，以保障學生立於教育主體之尊嚴。

Human dignity was regarded as the universal human rights. Although the protection of human dignity was not enumerated in our constitution, the judicial yuan interpretation confirmed that human dignity should be the basic human rights. According to national education theory which was abandoned by the present age, education was viewed as a tool of nations to discipline their people. Compulsory education theory considers that the purpose of education is to help students develop their talent and realize themselves. Therefore, to protect the human dignity of students become cognition of educators. Only when all educators and regulations can respect our students, or we can't expect our students respect themselves and others. For this reason, we take the guidance and discipline in school for an example to exam the situation of human dignity on the last chapter of this article.