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The Chinese authorities and the school must respect girls’ rights to education and freedom of movement 強烈要求中國當局及校方 尊重女童教育權利和行動自由

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Zhang Anni is a 10 year girl living in He Fei, An Hui province.  As a 10 year old, An Ni should be able to go to school daily, to spend time with her parents, play with her friends after  school and on holidays.  She likes Taekwondo, Japanese anime and skateboarding.  However, because her father Zhang Lin has openly called for an investigation into the death of Li Wang-yang and had participated in the June 4th student movement, Mr Zhang is on China’s “democratic movement activists’ blacklist”, the result of which is that An Ni has not been able to attend school; she is also under 24-hour surveillance by public security officers, and forced to leave her hometown of He Fei.

One afternoon, 27th February 2013, Zhang Anni was attending primary four in He Fei city’s Hupo Primary School, when she was taken away from school by four plain clothes public security officers, -held incommunicado  for three and a half hours, during which she was monitored by an officer in the same room.  Subsequently, Zhang Anni and her father Zhang Lin were both transported back to Bengbu, having been detained for a total of 20 hours.

The Fu Pei School which Zhang Anni attends, refused to allow her back. Although she received support from over a hundred netizens, An Ni is yet able to return to school.  She and her father are both forced to live in Bengbu under 24-hour monitoring and control, and not able to return to He Fei.

According to the People’s Republic of China’s “Compulsory Education Law”section four, “all age appropriate children, youngsters who are nationals of the People’s Republic of China, regardless of gender, nationality, ethnicity, family socio-economic status or religion, have the legal right to receive voluntary education, and have the obligation to receive such education.”  Moreover, section three of the “ Law on the Protection of Minors” states that “minors enjoy the right to received education, the state, society, schools and families should respect and protect the right of minors to receive education.”  According to the United Nations’ “Convention on the Rights of the Child” (ratified by China in 1991) section two, “States parties shall respect and ensure the rights set forth in the present Convention to each child withintheir jurisdiction without discrimination of any kind, irrespective of the child’s or his or her parent’s or legalguardian’s race, colour, sex, language, religion, political or other opinion, national, ethnic or social origin,property, disability, birth or other status.”

 

Given so, the Chinese authorities have committed serious violation of the People’s Republic of China’s “Compulsory Education Law”, “Law on the Protection of Minors”, as well as the United Nations’ “Convention on the Rights of the Child”, through their actions in stripping Zhang Anni of her right to education and freedom of movement, on the basis of her father’s expressions.  Hupo primary school, as an educational unit, shames the educational sector in how it collaborates with the state to strip a 10 year old girl of her right to education!

 

We strongly demand the following:

 

1.    That the Chinese government respect the law, and protect 10 year old Zhang Anni’s right to receive 9 years of voluntary education, and the right to freedom of movement.  Law enforcement and stability agencies must immediately stop the monitoring and control of her in her residence, and stop from interfering her rights to education.

2.    That the Chinese government must respect and protect the rights of Zhang An-ni as a “10 year old girl”; she should not be discriminated against or punished in any way or form because of her parents’ status, activities, expressions of views or beliefs.  Afterall her father did nothing more than express opinions that differ from that of the state, which resulted in him being blacklisted as a pro-democracy activist and being treated unfairly.

3.    That Fu Pei primary school must immediately resume Zhang Anni’s student status, and allow her to return to school to continue her studies.

 

張安妮, 一個原居於安徽合肥的十歲小女孩。作為一個十歲小女孩,張安妮應當能每天到小學上課,偶爾下課後和假日能夠和父母或同學去玩一下,她還喜歡跆拳道、看日本 動畫、玩滑板,可是,就因為她的父親張林曾經公開呼籲調查李旺陽的死因;因為她父親曾經參與過六四學運而成為「黑名單上的活躍民運人士」,張安妮不能上 學,更被迫離開合肥,受到公安 24小時嚴密監控。

2013年2月27日下午,張安妮在就讀的合肥市琥珀小學四年級課堂上,被4名公安便衣從學校帶走,並被單獨拘禁三個半小時,其間一直由公安同室監視。及後張安妮與父親張林一同被押送回蚌埠,總共扣留20小時。

她就讀的合肥琥珀小學表示不能再收容張安妮在該校上學,雖然及後得到過百網友聲援,但張安妮如今仍然未能重返校園,與父親一同被迫居於蚌埠而不得回到合肥,並受到24小時監控居住。

根 據中華人民共和國《義務教育法》第四條:「凡具有中華人民共和國國籍的適齡兒童、少年,不分性別、民族、種族、家庭財產狀況、宗教信仰等,依法享有平等接 受義務教育的權利,並履行接受義務教育的義務。」而《未成年人保護法》第三條亦列明「未成年人享有受教育權,國家、社會、學校和家庭尊重和保障未成年人的 受教育權。」而聯合國《兒童權利公約》(中國於1991年准約) 第二條亦列明:「締約國應採取一切適當措施確保兒童得到保護,不受基於兒童父母、法定監護人或家庭成員的身分、活動、所表達的觀點或信仰而加諸的一切形式 的歧視或懲罰。」

因此,中國當局因著張安妮父親發表的言論而隨時剝奪她接受教育以及自由活動的權利,已是嚴重違反中華人民共和國《義務教育 法》和《未成年人保護法》,以及聯合國《兒童權利公約》。另一方面,琥珀小學作為教育單位,理當恪守有教無類、擇善固執的原則,可惜琥珀小學竟助紂為虐, 無故開除張安妮,等於與政府同流合污剝奪十歲女童的教育權利,實是教育界之恥!'

我們強烈要求:

1. 中國政府尊重法律,保障十歲女童張安妮依法接受九年義務教育的權利,以及自由行動的權利,執法及維穩部門應立即停止對她的居住監控以及干預她自由上課的權利。
2. 中國政府尊重及保障張安妮作為一個「十歲女童」的權利,她不應受到基於父母的身分、活動、所表達的觀點或信仰而加諸的一切形式的歧視或懲罰;更何況其父只因發表與政府不同的意見而被標籤為「活躍民運人士」,受到不公平對待。
3. 琥珀小學應立即恢復張安妮的學籍,讓她重返校園繼續學業。



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