The right to education is the basic right of citizens according to our country’s Constitution and the State has the duty to ensure that education right is equal for every citizen. Along with the continuous development of the social list market economy, a large number of peasants bring their family into cities to make a living, but their children's education problem cannot be properly settled. Their children still have difficulty to go to school, to enter a higher school and to face unequal treatment in school. Based on the study of the education right they received, and on the analysis of their current education situation, this paper try to find out the root reason for which the migrant workers’ children cannot receive equal education rights. By attempting to learn advanced experience of the international community in protection of the right to education, combined with the specific reasons for the problems, this paper will discuss the basic methods for migrant workers’ children to receive equal protection of their education rights.

受教育权是我国宪法规定的公民享有的基本权利，国家具有保障公民受教 育权平等实现的义务。伴随社会主义市场经济的不断发展，大量农民携家带口 进入城市立命谋生，但是他们自己孩子的受教育问题却得不到城市的解决，仍 面临入学难、升学难、在校待遇不平等等诸多问题。文章以对受教育权的研究 为出发点，在深入分析当前农民工随迁子女受教育现状的基础上，挖掘农民工 随迁子女受教育权难以平等实现的原因。文章尝试借鉴国际社会在保障受教育 权方面的先进经验，结合问题产生的具体原因，对农民工随迁子女受教育权的 保障的基本路径进行探讨。