In what circumstances can images of children and adolescents be published?

Law 136-03 details in which situations it is prohibited and the sanctions

Following the situation created after the Attorney General's Office demanded that the organization Jompéame delete from its online platforms, especially their social networks, publications that violate fundamental rights of children and adolescents, including a recent one that addressesThe pregnancy of a minor "inadequately", many wonder in what circumstances can images of children and adolescents be published?

Law 136-03, which creates the code for the protection of children and adolescents, governs everything that has to do with the protection of the fundamental rights of minors, especially when they are in a condition of vulnerability or that theirIntegrity is in danger, explained Johnny Bidó, National Advisor for the Protection and Incidence of the Non -Governmental Organization World Vision.

Bidó acknowledged that, "unfortunately," the same mistake incurred by the platform, it was committed by media, civil society entities and other actors with publications that make good faith, but that in reality affect the dignity and integrity of theminors.

"You have to take care of your present and future integrity.We must try to safeguard that creature so that once the situation that affected him in the present, those images, once seen in the future, do not mean a revictimization of it, ”he said,” he said.

But what does the aforementioned mean?In non -legal language, what establishes the law is that when a girl or boy has been a victim of abuse, incest or sexual violation, their name, that of their parents, their direction or image, must not be published, even having the consent ofgrown ups.Nor can children be exposed when they are pregnant.

The specialist explained that "if it is an image that produces joy, general well -being, it can be", however, not in all scenarios you can.For example, if children are in underwear or swimsuits or in an intimate space, you should not share in the media.

Also when help for food or disease?

Although it is a condition of vulnerability, publishing photographs of minors and their parents or guardians when helping in economic terms or health issues are being requested, it is not punishable or constitutes a criminal illicit, as explained by the professional.

He described that the momentary need of hunger or some good, does not represent that it is a situation of vulnerability that damages his dignity or that he victimizes the minor.

Art.26.- Right to image protection.It is forbidden to dispose or disseminate, through any means, the image and data of children and adolescents in a way that may affect their physical, moral, psychological and intellectual development, their honor and their reputation, or that constitute arbitrary interitaries orillegal in their private life and family intimacy or that can stigmatize their behavior or behavior.

Art.12.- PERSONAL INTEGRITY RIGHT.All children and adolescents have the right to personal integrity.This right includes respect for dignity, inviolability of physical, psychic, moral and sexual integrity, including the preservation of its image, identity, autonomy of values, ideas, beliefs, space and personal objects.

Art.18.- RIGHT TO PRIVACY.All children and adolescents have the right to honor, reputation and their own image, private life and personal intimacy and family life.These rights cannot be subject to arbitrary or illegal interference of the State, natural or moral persons.

Art.411.- Sanction for photographing, filming or publishing.The people or companies whose delegates or employees photograph, filmen or publish sex or pornographic scenes, in which children or adolescents intervene, will be punished with seclusion penalties of two (2) to four (4) years and a fine of three of three(3) to ten (10) minimum salary established officially, in force at the time of committing the infraction.