Dimensiunea drepturilor la opinie și la libera exprimare a copilului [Articol]

Abstract

This study focuses on legal and social aspects related to the implementation and exercise of the rights to opinion and freedom of expression, including the consequences of exceeding the restrictions applied to the aforementioned rights through the institution of civil liability. It is well known that freedom of expression is one of the fundamental components of a democracy. It provides each person with the freedom to have various opinions and to express them, to acquire information and to communicate them. Freedom of expression involves the communication of information and ideas without interference from public authorities, except in cases where the limits of this right are exceeded, violating the rights of other persons. The exercise of these rights implies the existence of discernment, awareness, and a degree of perception of the consequences of their externalization, verbal or non-verbal. Adults with full capacity to exercise are obliged and presumed to have legal and moral knowledge regarding the scope of the rights to opinion and free expression, as well as the consequences of exceeding or violating the restrictions on these freedoms, a situation in which legal liability arises. However, children must be instructed about the scope of the rights to opinion and free expression, including the grounds for liability in the event of damage arising as a consequence of the exercise of these rights.