Article 26, Chapter 2: Human Relations

Main Topic: Chapter 2: Human Relations
Sub-topic: Respect for Dignity and Privacy

Art. 26. Every person shall respect the dignity, personality, privacy and peace of mind of his neighbors and other persons. The following and similar acts, though they may not constitute a criminal offense, shall produce a cause of action for damages, prevention and other relief:

(1) Prying into the privacy of another's residence:

(2) Meddling with or disturbing the private life or family relations of another;

(3) Intriguing to cause another to be alienated from his friends;

(4) Vexing or humiliating another on account of his religious beliefs, lowly station in life, place of birth, physical defect, or other personal condition.

Discussion/Explanation:

1. Duty to Respect Dignity and Privacy

This article enhances human digminty and personality. Social equity is noy sought, but due regard for decency and propriety.

2. Remedies

a. An action for damages

b. An action for prevention

c. Any other relief

A civil action may be instituted even if no crime is involved and moral damages may be obtained.

3. Scope

a. Prying into the privacy of another's residence- includes by the implication respect for another's name, picture, or personality except insofar as is needed fro publication of information and pictures of legitimate news value.

b. Meddling with or disturbing the private life or family relations of another- includes alienation of the affections of the husband or the wife. Thus a girl who makes love to a married man, even if there be no carnal relations, disturbs his family life, and damages may therefore be asked of her. Intriguing against another's honor is also included.

c. Intriguing to cause another to be alienated from his friends- includes gossiping, and reliance on hearsay.

d. Vexing or humiliating- includes criticism of one's health or features without justifiable legal cause. Religious freedom does not authorize anyone to heap obloquy and disrepute upon another by rason of the latter's religion.  

In the performance of their work duties staff come into contact with a range of people such as students and their parents or guardians, clients, work colleagues, and other members of the general public. These people have a diverse range of views, aspirations, expectations and behaviour, so it is vitally important to extend and demonstrate respect for others in all communications and interactions. In turn, you can expect to be treated with respect and dignity by others. The positive relationships we build with others both internally and externally to the department will influence how well individual work goals and the department's mission and objectives are achieved.

Because individual and collective reputations reflect on the department it is important that relationships are conducted in a professional and courteous way. Staff whose work involves communicating with students have a special responsibility in providing appropriate role models for those students. Modelling appropriate behaviour and effective leadership for students can have a profoundly positive influence on a student's personal and social development.

Demonstrating respect for persons can be achieved by adopting a consultative approach to decision making, informing people of their rights, entitlements and responsibilities, and fulfilling a duty of care to others. The department maintains a significant amount of information about its public officials and clients in connection with their relationship with the department (e.g. information relating to medical reports, whistleblower disclosures, and disciplinary action). Staff need to respect the privacy and confidentiality of information held about people with whom they interact.