兒童受教育權 (children's right to education) 在國內不是新鮮的名詞，強迫教育 (compulsory education) 的推行也已行之有年。但兒童受教權與強迫教育兩者之間的關係則鮮少為國內學者所關注。本論文之目的即在探討我們是否可用「兒童有受教的權利」為理由來支持「強迫教育」。 全文結構如下： 1.交待英美學者以「兒童有受教權」為理由來支持「強迫教育」的論證 2.分析並批評英美學者之論證 3.根據批評英美學者論證之結果發展一以「兒童受教權」支持「強迫教育」的新論證。

It has been widely accepted that children have a right to education. Compelling children to receive education is also an established practice. But □ne relation between "children's right to education" and "compulsory education" has not been made clear enough. As such, this essay sets out to enquire the plausibility of justifying com-pulsory education on the ground of children's right to education. It is not uncommon for writers - for example, M.P. Golding, A. Gutmann, and G. Haydon - to invoke children's right to education as a reason for justify-ing compulsory education. It is, however, argued in this essay that their arguments are flawed in one way or another. Based on the criticisms of thier arguments, a tentative and more satisfac-tory justification is therefore offered.