Emancipation of minors: Difference between revisions

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In common-law jurisdictions, [[chattel slavery]] was abolished during the 19th century and married women were given [[Women's rights|independent rights]] during the 19th and at the start of the 20th century. Later during the 20th century, common law jurisdictions split over both [[children's rights]] and [[youth rights]]; in some, such as the USA, a traditional father's control became a right to shared parental control and emancipation remained a remedy for mature minors, but in others, for example England, the idea of absolute control over minors has been repudiated; parent's responsibilities are emphasized and children's rights promoted. In these jurisdictions, the rights of minors to act on their own behalf are granted on a case-by-case basis if a minor can show the capacity and maturity to handle them, and juvenile emancipation from control is deemed unnecessary.
 
ItAn isn'temancipated asminor simpledoes asnot simply acquire all-or-nothing emancipationrights inof somean placesadult; andlikewise, graduallya acquiredchild does not lack such rights inmerely because they are not othersemancipated. For example, in the US minors have some rights to consent to medical procedures without parental consent or emancipation, under the [[Mature minor doctrine|doctrine of the mature minor]]. In England a minor may still not own and administer land.<ref>{{cite web|title=Law of Property Act, England, 1925, 1(9)|url=https://www.legislation.gov.uk/ukpga/Geo5/15-16/20|website=legislation.gov.uk|publisher=The National Archives|access-date=11 February 2018}}</ref> Also in any jurisdiction statute law may limit action due to insufficient age, such as the purchase of alcohol or the right to drive on public roads, without regard to capacity.
 
==Global understanding of emancipation ==