Sharenting and protecting children's fundamental rights

Sharing is still a new word to us. However, the phenomenon of sharing is already happening all around us, so the word is new, not the phenomenon. While sharing is a way for parents to exercise their fundamental rights of self- expression, freedom of expression, and custody, it also has the potential to violate the fundamental rights of children, including the right to privacy, personality, confidentiality, and self-determination of personal information. While other countries have strong legislation in place to limit this, we are still lacking a discussion about it. However, due to different cultures and different circumstances, it is questionable whether we need to take strong action, even though foreign systems are instructive. This is because the relationship between parents and children in our history and culture, where community and family are valued, is different from the relationship between parents and children in the West, where individualism has developed. The law is a product of a society and acts as a mirror of that society, so it is important that it reflects the justice and values of that society. It seems that the relationship between parents and children in our society is not formed with the concept of law and rights to the extent that children can force their parents not to post photos, or that parents can post photos with the consent of their children. Therefore, it is necessary to explore ways to regulate this area and reduce risks from a different angle, and to this end, we proposed a plan to realize the right to be forgotten by guaranteeing the right to delete (request) to children who have reached adulthood and a plan to secure the right of consent of children. Of course, these measures are not perfect and have many problems, but it is expected that the adverse effects caused by sharing can be resolved to some extent through the introduction of these systems. These issues can be addressed to some extent by a change in perception (paradigm shift) of children's rights (fundamental rights). Children are not only objects to be protected, but also subjects of rights, and the time has come for such a shift in perception. It is important for all of us, including parents, to recognize that the concept of children as subjects of fundamental rights will gradually change as society develops. It is necessary to recognize children not only as objects of protection that should be under the protection of parents, but also as subjects of fundamental rights, who can claim fundamental rights and who should be protected by fundamental rights.

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Publication Details

Journal
Institute for Legal Studies Chonnam National University
Published
2024-11-30
DOI
https://doi.org/10.38133/cnulawreview.2024.44.4.93
Primary Topic
Poverty, Education, and Child Welfare
Type
article
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article

Sharenting and protecting children's fundamental rights

Kwon il LEE
Institute for Legal Studies Chonnam National University
Poverty, Education, and Child Welfare
article

Sharenting and protecting children's fundamental rights

Kwon il LEE
article en

Abstract

Sharing is still a new word to us. However, the phenomenon of sharing is already happening all around us, so the word is new, not the phenomenon. While sharing is a way for parents to exercise their fundamental rights of self- expression, freedom of expression, and custody, it also has the potential to violate the fundamental rights of children, including the right to privacy, personality, confidentiality, and self-determination of personal information. While other countries have strong legislation in place to limit this, we are still lacking a discussion about it. However, due to different cultures and different circumstances, it is questionable whether we need to take strong action, even though foreign systems are instructive. This is because the relationship between parents and children in our history and culture, where community and family are valued, is different from the relationship between parents and children in the West, where individualism has developed. The law is a product of a society and acts as a mirror of that society, so it is important that it reflects the justice and values of that society. It seems that the relationship between parents and children in our society is not formed with the concept of law and rights to the extent that children can force their parents not to post photos, or that parents can post photos with the consent of their children. Therefore, it is necessary to explore ways to regulate this area and reduce risks from a different angle, and to this end, we proposed a plan to realize the right to be forgotten by guaranteeing the right to delete (request) to children who have reached adulthood and a plan to secure the right of consent of children. Of course, these measures are not perfect and have many problems, but it is expected that the adverse effects caused by sharing can be resolved to some extent through the introduction of these systems. These issues can be addressed to some extent by a change in perception (paradigm shift) of children's rights (fundamental rights). Children are not only objects to be protected, but also subjects of rights, and the time has come for such a shift in perception. It is important for all of us, including parents, to recognize that the concept of children as subjects of fundamental rights will gradually change as society develops. It is necessary to recognize children not only as objects of protection that should be under the protection of parents, but also as subjects of fundamental rights, who can claim fundamental rights and who should be protected by fundamental rights.

Institute for Legal Studies Chonnam National UniversityVol. 44(4)
Openalex Percentile: Top 72%
Poverty, Education, and Child Welfare
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