The Recognition and Excersice of the Right to the One´S Own Image of the Unborn Child in Honduras

Abstract

The invention of photography in 1829 would serve as the main turning point for the theoretical - legal construction of the right to one's own image, by virtue of the fact that this invention led to a paradigm shift in the way of capturing and reproducing the human effigy, since previous At his invention, the physical features of a person could only be obtained, recorded and reproduced through the making of a painting or sculpture; For this reason, photography led to the emergence of new regulatory challenges to resolve the legal problems derived from the capture of the human effigy without the consent of its owner.

On the other hand, the prevailing technological advances in the 21st century have caused the development of techniques by means of which it is possible to capture the physical features of the unborn child through a three-dimensional or four-dimensional ultrasound, thus making possible their recognizability as an individual being. In this sense, this article aims to determine the moment in which the human person begins to be the owner of the right to one's own image, that is, if the ownership of this right begins before birth or, contrary sensu, begins once that the human person has legal existence.