Rights of Individuals: Economic, Social, and Cultural
Social Rights
  Children, Rights of Elementary Education, Right to, and Availability of Higher Education Marriage: Right of Adults, Only by Free and Full Consent, Equal Rights of Spouses Environmental Rights of Individuals Social Security
  South African Constitution §28 (the right to family care; basic nutrition and health care; protection from abuse and labor exploitation; detention; legal representation).  For an examination of this section, related sections and statutes, and historical and cultural issues, see Mosikatsana. §29(1) (adult basic education, and further education which the State will make available on a progressive basis)   §24 §27(1)
French 1958 Constitution No explicit rights, but children are specially mentioned in 1946 Constitution Preamble ¶¶11 (health, material security), 13 (education). There is not right to education as such, but see 1946 Constitution Preamble ¶13 (equal access of children and adults to education and training, including cultural education; providing free and secular public education is a duty of the State).  The Conseil Constituionnel has also recognized a limited "freedom of private education." See Bell, at 152-56. (no provisions found) (no provision) 1946 Constitution Preamble ¶11 (right of those who cannot work to appropriate means of subsistence from the community)
Canadian Charter of Rights and Freedoms (no provision) (no provision) (no provision) (no provision) (no provision)
Constitution of Argentina No explicit guarantees, but see Art. 75(23) (authorizing Congress to enact protections of the rights of children found in int’l instruments, and to protect needy children from gestation through elementary education).   Added by the 1994 Amendments. See Art. 75(19) (authorizing Congress to ensure free and equitable public education).  Added by the 1994 Amendments. (no provision) Art. 41 (the right to a healthy environment, protecting needs of future generations, obligation of the government to protect the environment, prohibition of importation of toxic waste).  Added by the 1994 Amendments. Art. 14bis, ¶3 (requiring the State to establish social security programs ensuring adequate shelter and support of the entire family).  Added by a 1957 Amendment.
United States Constitution (no provision) There is no provision, and the courts have not found it to be a "fundamental right," though governmental discrimination in the provision of education may be barred under the equal protection clause.  See Rotunda, §18.45. There is no explicit provision, but the courts have developed a narrow freedom of marriage based upon the equal protection and due process doctrines.  See Loving v. Virginia, 388 U.S. 1 (1967); Rotunda, §18.28. (no provision) (no provision)
Constitution of India Art. 24 (prohibition of child labor, specifically hazardous labor by any child under age 14).  As discussed in the overview of the Indian Constitution, the following provisions may not be enforced in the courts.  The State must attempt to prevent labor by children "unsuited to their age or strength", Art. 39(e), and exploitation and abandonment of children, and must attempt to ensure children develop under healthy conditions.  Art. 39(f). Art. 29(2) (no denial of admission to state schools on basis of minority status).  In Art. 45 there is an unenforceable duty on the State to attempt to provide free and compulsory education up to age 14. (no provision) There is no provision, but see the Right to a Healthful Environment. (no provision)
Würzburg Key System Key 646 (children’s protection) See Key 6542 (right to professional training) See Key 6312 (matrimonial equality) (Key has not yet been developed) (Key has not yet been developed)
International Instruments
  Universal Declaration of Human Rights Art. 25(2) (motherhood and childhood are entitled to special care and assistance) Art. 26 (elementary education shall be free and compulsory, higher education shall be generally available on the basis of merit, parents have a prior right to choose the type of education) Art. 16 (as described in the column heading above, with reference to a duty of the State to protect the family unit) (no provision) Art. 22 (everyone has the right to social security), Art. 25(1) (the right to an adequate standard of living and to "security in the event of … old age or other lack of livelihood"), Art. 23(3) ("means of social protection").
Int’l Covenant on Civil and Political Rights ICCPR Art. 24 (the right to such protection as is required by his/her status as a minor, on the part of the family, society, and the State), Art. 23 (States must protect children upon dissolution of the parents' marriage) There is no explicit provision, but a right to elementary education seems to be implied by the language of ICCPR Art. 24(1). ICCPR Art. 23 (no provision) (no provision)

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