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Family, Children, Educaiton Rights, family based on marriage, natural…

- - - - family unit, inalienable rights, protect it against attack
    - - primary educator is the family not obliged to send to school - free primary education
      - 42A - if parents fail in duty to kids state will endeavour to supply the place of the kids
  - - - held right to marry doesn't guarantee right to reside look at order on case by case basis
        
        PS v Minister for Justice deporting wife of vulnerable Irish national who had intelectual impairment, entirely dependent on wife - breached article 41
        
        A v Minister for Justice 41 breached for deporting man whose wife was on social welfare and supporting two kids
    - - CA - citizen absolute right to reside, right for family to make a decision where to reside but not always in their control, no automatic right - quahsed Ministers decision
      - SC - upheld CA decision - strong protection for marriage in constitution, policy considerations as well upheld decision
  - - - exceptional case required - immediate threat to lfie, neglect that amounts to abandonment
      - courts don't want to micro manage family's and intervene just because objectively better decision possible
  - - - W v W wifes domicile not determined by husband
      - DPP v Walsh abolished that any ofence by wife committed under marital coercion
  - - - unmarried mothers have strong protection under 40.3
      - unmarried fathers have neither personal nor family rights, although child may have rights to their father
      - linked to marital family no such thing as de facto family
- - - - express recognition given to rights of all children
      - easier for children born in marriage to be adopted - if parents failed in duty
      - interests of child are paramout
      - views of child given weight and factor in age and maturity