| Summary: | 碩士 === 臺北市立教育大學 === 社會科教育研究所 === 95 === Teachers shoulder the great responsibility for education. While teachers are fulfilling the obligations, they should also enjoy the protection of interest they deserve. In today’s campus environment where everything tends to seek legalization of administrative procedure, protection system for teacher’s interest requires complete and prudent legal design before aggressive and effective protection can be put into practice. However, due to incomprehensive ordinance, the designed functions of ordinance have failed to fully develop. It will be necessary for us to defend the profession and the development of teachers and to discuss how to protect the human rights of teachers.
This study aims to explore the human rights of teachers in Taiwan, and to achieve the following objectives based on the comparison and analysis of theory, legal system and policies：
1. Clarify the legal status of teachers and define a reasonable status for teachers.
2. Explore the causes of formation for teacher’s human rights and the development on policies.
3. Explore the dispute points on teacher’s human rights.
4. Establish the scope of exercising teachers’ right to professional autonomy, purchase the professional ethics of teachers’, and fulfill teachers’ professional development.
5. Inspect the regulations of teachers’ relief rights, and establish a complete and effective relief approach.
6. Propose recommendations to the education authorities based on study conclusions.
The findings in this study are as follows：
1. The Teacher Law is the fundamental law for protecting teachers’ rights. The law separates teachers from officers, establish teacher’s profession, and protect teacher’s status and working rights.
2. The relationship between teachers and the State is one of civil service public law. Based on maintaining human dignity, teacher’s legal rights cannot be interloped arbitrarily.
3. Teachers are not allowed to organize labor union and to stage a strike because of the restraint of laws and decrees.
4. With the administrative interference, teachers are not able to own sufficient rights of professional autonomy in teaching.
5. Schooling ignores teachers’ ethics relationships. The professional ethics of teachers’ are not valued.
6. The channels of teachers’ relief rights are not amended.
According to the conclusions and findings in this study, the recommendations are proposed as follows：
1. Rebuild the complete education legal system.
2. Establish laws and regulations of teachers’ professional autonomy and clearly define the scope of exercising rights of professional autonomy.
3. Construct the teachers’ lifelong learning system for further studies which aims at maintaining the teachers’ profession levels.
4. Strengthen the channels of forming professional ethics of teachers’.
5. Strengthen the functions of collective bargaining within Teacher’s Association and allow teachers to organize union.
6. Provide the suggestions for follow-up researches.
key words：teacher’s human rights; professional autonomy; working right
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