EL DERECHO A LA INTIMIDAD FAMILIAR Y EL DAÑO MORAL EN LA JURISPRUDENCIA.

Abstract

It is in the sphere of personal and family privacy where human and family values reside. In that sphere one is protected from the curiosity of others. The fundamental right to privacy was acknowledged (Spanish Constitution, article 10.1) to ensure people's privacy against the action and knowledge of others, whether public authorities or simply private citizens. The mental anguish caused by unlawful intrusion into the private sphere is a creation of case law and must be proved by the claimant. The judge weighs the damage pursuant to the requirements of fairness, factoring in only the circumstances of the particular case at hand, for mental anguish is the mental or spiritual impact or suffering caused by a direct attack against the victim's non-economic or personal aspects of self (offending a person's reputation or personal honour or casting doubt on the person's honesty), and reparations are not intended to cover a physical loss, but to provide compensation for the suffering caused.