Public Law Studies Quarterly

Legal Framework for the Protection of Children's Rights in the Digital Environment in light of CRC General Comment No. 25

Document Type : Article

Authors

Ehsan Shahsavari 1
sahar hasani 2

1 Assistant Prof., Department of Law, Faculty of Law and Political Science, University of Mazandaran, Babolsar, Iran

2 MA Student in International Law, Faculty of Law and Political Science, University of Mazandaran, Babolsar, Iran

https://doi.org/10.22059/jplsq.2022.339409.3038
Abstract
The digital environment as a dual-use platform enables the excellence and destruction of children at the same time. Awareness, education, acquisition of transcendent knowledge, privacy violation, pornography, and digital aggression are attainable in this environment. Hence, we have a doubtful view about this space. The obligation of UNCRC state parties in the protection of the best interests of the children entails the eradication of all threats against them in all environments, digital or non-digital. In the CRC point of view the right to life, survival, and development of children, non-discrimination in access and use, observance of the best interests of the child, and respect for the views of the child create the overall framework for ensuring the children's rights in relation to the digital environment. The main question is how to form this framework. It seems that forming the legal framework for protecting children's rights in relation to the digital environment first is depended on CRC states parties and must be achieved by appropriate, and comprehensive legislative, executive, and judicial measures in light of criteria's such as independent monitoring, dissemination of information, raising awareness and education, cooperation with civil society and access to justice and remedies. The objective of this descriptive-analytical research is to identify dimensions of this international obligation in light of the CRC general comment No. 25.

Keywords

Committee on the rights of the child (crc)
digital environment
the best interests of the child
general comments
subsequent practices
Subjects
  1. Books
  2. Buga, I. (2018). Modification of Treaties by Subsequent Practice. Oxford University Press.
  3. Detrick, S. (1999). A Commentary on the United Nations Convention on the Rights of the Child. martinus nijhoff publishers .
  4. Freeman, M. (2007). Commentary on the United Nations Convention on the Rights of the Child. Article 3: The Best Interests of the Child. Leiden, Boston, martinus nijhoff publishers.
  5. Tobin, j. (2019). The UN Convention on the Rights of the Child: A Commentary. Oxford University Press.
  6. Verheyde, M., & Goedertier, G. (2006). A Commentary on the United Nations Convention on the Rights of the Child, Articles 43-45: The UN Committee on the Rights of the Child, Leiden, Boston, martinus nijhoff publishers.
  7. General Comments
  8. Committee on Economic, Social and Cultural Rights (CESCR), General comment No. 2, 1990
  9. Committee on Economic, Social and Cultural Rights (CESCR), General comment No.13, 1999
  10. Committee on Economic, Social and Cultural Rights (CESCR), General comment No.20, 2009
  11. Committee on the Rights of the Child (CRC), General comment No. 1, 2001
  12. Committee on the Rights of the Child (CRC), General comment No. 2, 2002
  13. Committee on the Rights of the Child (CRC), General comment No. 5, 2003
  14. Committee on the Rights of the Child (CRC), General comment No. 10, 2007
  15. Committee on the Rights of the Child (CRC), General comment No. 12, 2009
  16. Committee on the Rights of the Child (CRC), General comment No. 13, 2011
  17. Committee on the Rights of the Child (CRC), General comment No. 14, 2013
  18. Committee on the Rights of the Child (CRC), General comment No. 16, 2013
  19. Committee on the Rights of the Child (CRC), General comment No. 17, 2013
  20. Committee on the Rights of the Child (CRC), General comment No. 18, jointly with general recommendation No. 31 of the Committee on the Elimination of Discrimination against Women (CEDAW), 2014
  21. Committee on the Rights of the Child (CRC), General comment No. 19, 2016
  22. Committee on the Rights of the Child (CRC), General comment No. 20, 2016
  23. Committee on the Rights of the Child (CRC), General comment No. 21, 2017
  24. Committee on the Rights of the Child (CRC), General comment No. 24, 2019
  25. Committee on the Rights of the Child (CRC), General comment No. 25, 2021
  26. Human Rights Committee (CCPR), General comment No.3, 1981
  27. Human Rights Committee (CCPR), General comment No.17, 1989
  28. Human Rights Committee (CCPR), General comment No.18, 1989
  29. Human Rights Committee (CCPR), General comment No.36, 2021

 

  1. Treaties
  • Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, 1984
  • Convention on the Elimination of All Forms of Discrimination against Women, 1979
  • Convention on the Rights of Persons with Disabilities, 2006
  • Convention on the Rights of the Child, 1989
  • International Convention for the Protection of All Persons from Enforced Disappearance, 2007
  • International Covenant on Economic, Social and Cultural Rights, 1966
  • International Convention on the Elimination of All Forms of Racial Discrimination, 1965
  • International Covenant on Civil and Political Rights, 1966
  • Vienna Convention on the Law of Treaties (VCLT.I), 1969
  • Vienna Convention on the Law of Treaties between States and International Organizations or between International Organizations (VCLT.II), 1986

 

  1. D) Judgments
  • International Court of Justice, Judgment No.2867 of the Administrative Tribunal of the International Labour Organization upon a Complaint Filed against the International Fund for Agricultural Development, Advisory Opinion of 1 February 2012
  • International Court of Justice, Questions relating to the Obligation to Prosecute or Extradite (Belgium v. Senegal), Judgment of 20 July 2012

 

  1. Other documents
  • International Law Commission, Draft conclusions on subsequent agreements and subsequent practice in relation to the interpretation of treaties, 2018
  • International Law Commission, Fifth report on subsequent agreements and subsequent practice in relation to the interpretation of treaties, 2018
  • International Law Commission, Report of the Sixty-third session (26 April-3 June and 4 July-12 August 2011), A/66/10/Add.1
  • Principles relating to the Status of National Institutions (The Paris Principles), Adopted by General Assembly resolution 48/134, 1993
  • UNICEF, the State of the World's Children 2017, Children in a Digital World
  • UNICEF, The State of the World's Children 2021, Promoting, protecting and caring for children’s mental health
Public Law Studies Quarterly
Volume 54, Issue 2 - Serial Number 38
Summer 2024
Spring 2024
Pages 1001-1023

  • Receive Date 20 February 2022
  • Revise Date 09 April 2022
  • Accept Date 23 May 2022

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