The document discusses how the constitution protects children, including both express and implied protections. It examines whether children receive direct protection or protection as people included in general protections. Protections can be substantive, relating to rights and interests, or procedural. Relevant constitutional articles and provisions are explored, as well as judicial interpretations that extend protections to children's right to life, education, health, freedom from exploitation and more. Laws, both written and unwritten, that safeguard children are considered, along with enabling legislation and case law on issues like support, contracts, adoption, and inheritance.
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Original Title
Constitutional Protection of the State You Live In
The document discusses how the constitution protects children, including both express and implied protections. It examines whether children receive direct protection or protection as people included in general protections. Protections can be substantive, relating to rights and interests, or procedural. Relevant constitutional articles and provisions are explored, as well as judicial interpretations that extend protections to children's right to life, education, health, freedom from exploitation and more. Laws, both written and unwritten, that safeguard children are considered, along with enabling legislation and case law on issues like support, contracts, adoption, and inheritance.
The document discusses how the constitution protects children, including both express and implied protections. It examines whether children receive direct protection or protection as people included in general protections. Protections can be substantive, relating to rights and interests, or procedural. Relevant constitutional articles and provisions are explored, as well as judicial interpretations that extend protections to children's right to life, education, health, freedom from exploitation and more. Laws, both written and unwritten, that safeguard children are considered, along with enabling legislation and case law on issues like support, contracts, adoption, and inheritance.
National Guarantees Introduction • How does the Constitution protect children? • The Constitutional provisions which extended such protection expressly. • Substantive protection • Procedural protection • The Constitutional provisions which extended such protection impliedly • Does our constitution incorporate any ‘children’s rights as part of its protection? How does the Constitution Protect Children? • Does the Constitution protect children directly? • Does it mean express protection only? • Does it include implied protection as well? • What does ‘protection of children’ mean? • Means protection of rights, interests, well-being, etc. of children Protection: Children only or people including children • Special protection of children • General protection of people including children • Protection as to substance • Protection as to process Relevant Articles of the constitution • Which expresses any protection including judicial, tribunal, or other institution may, in this discretion, may consider it disireable Through Judicial interpretation of constitutional provisions • Right to life, safety, security etc. • Education • Health • Shelter • Freedom from torture • Freedom from domestic violence • Freedom from hard labour/labour • Right to engage in lawful vocation etc. • Freedom from Slavery ‘Laws’ Protecting children • Means of law in the context of article • Written • Unwritten • Case law Enabling legislations • Constitutional amendments • Incorporation • Constitutional revisions • And new constitutions… procedures, notifications and guidelines • National Written laws of the State • Unwritten laws • Duty imposed on relevant personals, instantons – duty of spport • Minors contracts- guardians chips etc. • Rights of succession and inheritance Case Law • Duty of support • Minors contract • Adoption • Education- school admissions • Property and inheritance • Any other relevant, rules, guidelines, explanations
• Discussion and look in to laws of the own state…