The right to one's own image. Very personal right? Fundamental right? Terminological precisions for the Chilean legal system
The right to one's own image. Very personal right? Fundamental right? Terminological precisions for the Chilean legal system
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Summary
Starting from the terminology used for the construction of the right to one's own image, the author criticizes the state of the matter, proposing bases for a new understanding of the portrait of people in Chile. In this way, if very personal rights are extra-patrimonial, the right to the image does not belong to said category. Furthermore, although this may be justified as a fundamental right, it will not be justified as a subjective right, but rather as “freedom of portraiture.”