25 (3) In applying any right under this section, if the State claims that it does not have the resources to implement the right, it is the responsibility of the State to show that the resources are not available. Freedom from arbitrary evictions 39.—(1) Every person has the right to freedom from arbitrary evictions from his or her home or to have his or her home demolished, without an order of a court made after considering all the relevant circumstances. (2) No law may permit arbitrary evictions. Environmental rights 40.—(1) Every person has the right to a clean and healthy environment, which includes the right to have the natural world protected for the benefit of present and future generations through legislative and other measures. (2) To the extent that it is necessary, a law or an administrative action taken under a law may limit, or may authorise the limitation of, the rights set out in this section. Rights of children 41.—(1) Every child has the right— (a) to be registered at or soon after birth, and to have a name and nationality; (b) to basic nutrition, clothing, shelter, sanitation and health care; (c) to family care, protection and guidance, which includes the equal responsibility of the child’s parents to provide for the child— (i) whether or not the parents are, or have ever been, married to each other; and (ii) whether or not the parents are living together, have lived together, or are separated; (d) to be protected from abuse, neglect, harmful cultural practices, any form of violence, inhumane treatment and punishment, and hazardous or exploitative labour; and (e) not to be detained, except as a measure of last resort, and when detained, to be held— (i) only for such period of time as is necessary; and (ii) separate from adults, and in conditions that take account of the child’s sex and age. (2) The best interests of a child are the primary consideration in every matter concerning the child.