Tuesday, July 21, 2015

Évora ratio prohibits parents from publishing photos of her daughter on Facebook – publico

                 


                         
                     

                 

 
                         

The Évora Court of Appeal imposed the parents of a 12 year old child does not disclose “photographs or information to identify the child in social networks”, confirming the decision had been handed down in February this year in 1st instance. The court found unfounded the appeal that had been filed by the smaller of the mother, who considered that there was never the parental side the “misuse” of social networks.


                     


                          THE PUBLIC did not have access to advanced decision five months ago, it was not possible to determine in what context the court made the decision to prevent the parents of the minor daughter publish images on sites like Facebook . The Evora ratio indicates for its part, in a judgment of June this year, parents who are separated, “maintain a relationship of conflict and at least by the applicant [the child's mother] of distrust, which has passed the way they have developed their parental responsibilities. “

On appeal, the lower the mother argued that the measure decided in 1st instance would have no foundation, since in any time during the study process court February have been allusions to the “existence of the use [by the others] misuse of social networks, imputing that were being used photographs or information allowing the identification less. “

In response to the appeal, the ratio confirms the decision to not less images published on social networks, considering that the measure is an” obligation of parents, as natural as to ensure the livelihood, health and education of children and respect for other rights, including the right to the image and private life “.

The court stressed that” children are not things or property belonging to the parents and they can have at your leisure “; are “people and, consequently, rights holders” and that, “on the one hand, parents must protect their children, on the other have the duty to guarantee and respect their rights.”

In the judgment , then the alert interface for the smallest exposure hazards in social networks represented by “many sexual predators and pedophiles.” “The exponential growth of social networks in recent years and the sharing of personal information then available” allows those who “want to sexually exploit children collect large amounts of information available and to select their targets to carry out crimes,” concludes the judgment.

 
                     
                 

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