In the “SMB C/ AC S/ COMMUNICATION REGIME” case, the Cipolletti, Río Negro Family Court denied a grandmother's request for contact with her young granddaughter because it severely violated her right to privacy with her husband. Social websites.
Judge Jorge Benati understood that the behavior of the grandmother, who had campaigned strongly on social media, in the media and in public, that the allegations of sexual abuse were false, was bringing her granddaughter to life.
The family authority file also proved that the woman used her Facebook and Instagram to not only mention her granddaughter's privacy but also publicly expose confidential information about the case.
In that ruling, the grandmother publicly exposed the case without being cautious and measured in the face of conflict, an attitude that expressed denial and disbelief in the girl's story.
For example, on the Facebook account, the woman has a photo of the girl with the person accused of sexual abuse on her cover and profile. The magistrate understood that this attitude “does nothing but make the identity of the woman public, which she refers to in her publications and comments on social networks.”
He also warned against exposing it through public demonstrations and television and radio media. “The lady, through her social networks, has no qualms about promoting issues that are part of the girl's most intimate sphere, negatively affecting this violation of her privacy by creating negative consequences.” Harmful effects persist. Over time, both in their physical and mental health,” the judgment said.
Article 16 of the Convention on the Rights of the Child states, “No child shall be subjected to arbitrary or unlawful interference with his private life, family, home or correspondence, or to unlawful attacks on his dignity,” the judge recalled. and reputation, and the child is entitled to the protection of the law against such interference or attacks.
Along these lines, National Law no. 26061, which establishes the right of women, children and adolescents to be respected in their dignity, reputation and self-image. Hence, the ethical nexus arises from the fact that no one can access a child and/or adolescent's privacy, or intrude into intimate aspects of their life.
“Even if the conduct is clearly harmful to the child and/or adolescent, their data cannot be disclosed, disseminated or disseminated even with their own consent or the consent of their representatives,” the ruling added.
In that ruling, the grandmother publicly exposed the case without being cautious and measured in the face of conflict, an attitude that expressed denial and disbelief in the girl's story.
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