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High Court dismisses an application challenging the constitutionality of a residential tenancies statute, which does not allow a minor child to take over a tenancy following a tenant parent's death, on the grounds that the law's distinction between minors and adults, and its indirect impact on a minor child of a single-parent family, was not arbitrary, capricious, or irrational; the State's duty to care for minor children justifies different legal treatment from adults; and the applicant, a minor, is not entitled to the same tenancy rights as an adult would be in similar circumstances.
Residential Tenancies Act 2004 - constitutionality - minor child - tenancy rights - Section 39 - family status - age discrimination - indirect discrimination - equality under law - legal guardian - Part 4 tenancy - Article 40.1 of the Constitution - European Convention on Human Rights - presumption of constitutionality - social welfare - Childcare Act 1991 - family law - legal status of minors - protection of minors - burden of proof - High Court.
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