Child image rights, parental authority, private life, digital parenting, CNIL, International Convention on the Rights of the Child, law of 19 February 2020, right to private life
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Abstract
This document summarizes the protection of a child's right to their image, involving parents, judicial authorities, and national and international texts.
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[...] Finally, the law has strengthened the powers of the National Commission for Computing and Liberty. (Doc. The contributions of the law of 19 February 2024 are quite criticized by the doctrine: it is judged partially superfluous by LOISEAU Grégoire who also advances the great negation of the autonomy of the minor (doc. SAULIER Maîté questions herself on the doubtful effectiveness of this new law which still contains dark areas (doc. 9). List of cited documents:* *The entire document is available upon request from the customer service. [...]
[...] The actors of the protection of the right to image of children The main actors in this protection of the right to image of children are the parents In the event of the case, secondary actors will intervene The main actors in the protection of the right to image of the child: the responsibility of the parents In general, pursuant to Article 9 of the Civil Code, "Each person has the right to respect for their private life (doc. 6). It appears from Article 372-1 of the Civil Code that parents are at the heart of protecting their minor child's right to their image (doc. that is, the right "of which every person has to oppose the dissemination of their image without their consent" according to BIZEAU Maxime (doc. 19). [...]
[...] Secondary actors in the protection of the child's right to their image Besides parents, secondary actors intervene in the protection of children's right to their image. These actors are quite necessary in the sense that the attacks are increasingly numerous (doc. 10). On the one hand, the family judge (JAF) can be seized when the dissemination of children's images by parents constitutes a serious infringement on the dignity or moral interest of the child (doc. 2). In urgent cases and when the image is captured in a public place, it is the referring judge who can intervene to remove the disputed images in question. [...]
[...] Despite these difficulties related to parents, they are responsible for their children's right to their image (doc. 2). Intervenes then the notion of parental authority, entrusted to the father and mother when filiation is established. This authority is exercised on the child and in his interest, until his majority. It can affect his property. The parents then have, on the child, a duty of protection of private life and the right to the image of their child. In certain cases, the child must be associated with decisions (doc and 15). [...]
[...] Age and degree of maturity must be taken into account. The article adds that the child may be heard in the context of a judicial procedure. These national texts have recently been completed by Law No. 2024-120 of 19 February 2014 aimed at ensuring respect for the right to the image of children. The contributions of the law of 19 February 2024 The bill of 4 March 2023 followed an accelerated procedure and was adopted, in a rare consensus (doc. [...]
