Centre interfacultaire en droits de l'enfant

§201a StGB : das Recht am eigenen Bild : Schutzmassnahme oder Verletzung des Persönlichkeitsrechts von Kindern und Jungendlichen?

Vogel, Vanessa ; Jaffé, Philip D. (Dir.) ; Hanson, Karl (Codir.)

Mémoire de master : Université de Genève, 2015.

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    The German government has accepted an amendment to the law concerning the protection of the child against sexual abuse in the age of digitalisation. §201a penal code contains the protection of the image of a person. By that, every person who produces images of a naked child to commercial issues can be condemned. Further on, the law prohibits the production of images, which can put a person into a damaging position. It is also forbidden, to publish images without the permission of the person photographed. This law is hence a protection of the personality right. A right that is universal for all mankind and for children as well. How advanced is the discourse about the child as a rights holder in the context of the personality rights? This paper takes a closer look on how the rights of the child on his image are accepted in the family life and in the context on the new media. To analyse this interaction we are going to have a closer look on the theories on the personality right in Germany, as well as on the competence-theory and the child as a social actor. An analysis on international treaties is going to be realised to enforce the role of the child and his agency status. The paper is also going to treat the real efficacy of the amendments regarding the protection of the child against abuse. Finally, as a conclusion to the work, ideas to get one thinking are given in order to advance the debate about the child as a right holder to his image.