El deber de cuidado de los padres y explotación comercial de los niños, niñas y adolescentes en la era digital

Abstract

The research addressed the topic "Parental Duty of Care and Commercial Exploitation of Children and Adolescents in the Digital Age." The significance of this study lies in the right to the commercial image of minors within social networks, framed under the parental duty of care, as parents are the primary figures during their developmental stages. The general objective was to analyze the regulation of parental duty of care and the commercial exploitation of children and adolescents in the digital age, specifically focusing on social media platforms. The study employed a qualitative methodology, utilizing a bibliographic-documentary approach—supported by extensive normative and scholarly sources—complemented by field research through interviews with subject-matter experts. Key aspects analyzed included filiation, parental authority (patria potestas), parental duty of care, integral development, the commercial capacity of minors, and commercial exploitation. Preliminary findings indicate that the duty of care is a shared responsibility among the State, society, and the family. Parents are the primary guardians of their children's well-being, whereas the State intervenes upon notification of rights violations, and society serves as an observer with the obligation to report such infringements. Furthermore, the study highlights that the commercial exploitation of children and adolescents on social media is a practice driven by monetary gain. It also underscores the existence of psychological, economic, and life-threatening risks within these platforms, exacerbated by the physical and psychological vulnerability of minors.