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Research On Protection Of Privacy Right Of Juveniles On The Context Of Authority And Obedience

Posted on:2018-10-31Degree:DoctorType:Dissertation
Country:ChinaCandidate:Y S LiFull Text:PDF
GTID:1316330542465153Subject:Legal theory
Abstract/Summary:PDF Full Text Request
It goes without saying that privacy right is a fundamental human right,which is usually privileged by adults.“Private Life Autonomy” and “No infringement to privacy” are usually the expressions of this right expectation.Nowadays privacy right protection of juveniles comes to the vision of academics because juveniles are more and more considered as the subject of right,especially the privacy right under the parent-child relationship,teacher-student relationship and criminal proceedings cases.Authority and obedience exists in all these relationships,which also has interest consistency.In other words,authority and obedience is becoming more steady and stable on the basis of interest consistency expectation.It seems that privacy right for juveniles is not so important to be highlighted;while “Do not hide”,“be transparent” is the best choice.However what is the fact? Supervisory control by parents and teachers is everywhere and caused tragedy.Many cases,such as checking children's room and drawers without permission;making students' privacy in public;reporting details of juveniles involved in criminal cases are all regarded as shocking invasion of privacy.Research on privacy of juveniles under the context of authority and obedience must focus on individualism.If parent-child relationship or teacher-student relationship is taken as communalism,individualism will be put into danger.Parentalism is an interest expression of adult discourse power,and it does not aim at children's interests actually.Hence,privacy right of juveniles under the context of authority and obedience must focus on “Disobedience”,which means disobey authoritative subject and protect reasonable privacy rights of juveniles.But one point should be emphasized that the precondition of disobedience is the invasion of legal private rights of juveniles,not any type of opposite activities in daily life.Take parent-child relationship for example;opposite activities exist everywhere,such as bedtime argument.This is not the type of right conflict,but just opposite activities in daily life.Two elements should be considered in judging whether privacy right of juveniles is violated or not: one is whether juveniles have reasonable privacy expectation;the other is whether any reasonable and legal basis can be found for invasion behavior.The two elements constitute the spirit of privacy protection of juveniles.Legal rights of parents,teachers and public security organs should be always in the balance of privacy protection of juveniles.As vulnerable group,privacy right of juveniles must be respected legally.This respect not only exists in legal rules and regulations and also in legal cases.As the former president of South Africa Mandela says “our attitude towards children is the core value of the whole society.” Privacy right concerns the self-awareness,self-development and personal dignity,which should be cherished most.
Keywords/Search Tags:Authority and obedience, Juveniles, Privacy right, Parent-child relationship, Reasonable expectation of privacy
PDF Full Text Request
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