Le droit de l'enfant pour la protection du secret de sa vie privée

Within the scope of the thesis, the position of the child the subject of the right to privacy as an individual and the status of right ownership are the main subject of examination. In the legal literature, it is seen that in general, the individual status of the child as a subject of rights; in particular, the ineffectiveness of the child in submitting the right to privacy effectively in practice has not been considered. The main purpose of the thesis and the main factor in writing the thesis is to offer suggestions regarding the acceptance of the child as an individual and the effect of this acceptance in practice, especially through the right to privacy, and to constitute a source in the doctrine on this subject. In this context, two areas, namely children's rights and right to privacy were dealt with separately after that, the theoretical information once shared was combined under the narrative of the right to privacy of the child, including lex lata and jurisprudence and a solution was tried to be provided in practice. Firstly, in chapter one which establishes the theoretical infrastructure, the concepts of childhood and children's rights and the historical emergence and development of these concepts are given under the title of children's rights. Afterward, the beginning and periods of childhood, the relationship between the child and the parent, the personality rights of the child, the basic rights of the child and the basic principles of the child's rights are explained to this extent in order to make the use in the context of the right to privacy understandable. The examination of the right to privacy, which is another main topic of the theoretical field, has been made by trying to limit it to the child subject and the context of the thesis topic. In this respect, the right to privacy and the concept, history and elements of the right are explained in detail; while the elements of the right are shared, the framework will narrowed by taking into account the specific situations within the scope of the right to privacy of the children. Finally, in the second part, the appearance of the child's right to privacy in positive law and case law and the legal tools to be used in the implementation of the right are evaluated. Therefore, firstly, the regulations and practices at the supranational and regional level in the international arena were explained then the situation in the comparative country examples was clarified and finally, Turkish domestic law was examined separately in terms of normative law and case law. Finally, in the study, it was concluded that the child alone has the right to privacy and has the authority to assert this right in proportion to the power of discrimination. It is obvious that the importance of the right to privacy of the child will increase in parallel with the changing phenomenon of childhood and the perception of privacy in the digital age. Keywords: children's rights, privacy, right to privacy, personal data, sharenting