Document Type : Article
Authors
1 Assistant Prof., Department of Public and International Law, Faculty of Law, University of Tehran (Farabi Campus), Qom, Iran
2 M.A. in International Law, Faculty of Law, University of Qom, Qom, Iran
Abstract
As the most important atmosphere for emerging technologies, cyberspace is prone to threats as well. Such threats generally target the most vulnerable individuals i.e. children. Hence, distinguished arrangements at international and national levels are inevitable. However, on the international level and especially within the UN system, there are mostly non-binding and non-deterrent documents. On the national level, on the other hand, the Iranian policymaker has passed mostly vague and general documents without making any specific reference to these kinds of crimes and probable legal solutions. Due to these defects, the main question is what are the requirements of good legislation in this matter? The paper descriptively-analytically tries to discuss the required elements of good legislation on child's rights in cyberspace.
Keywords
Main Subjects
English
- Book
- Kendall, V., & Funkm, M. (2012). Child, Exploitation and Trafficking: Examining the Global Challenges and U.S. Responses, Rowman and Littlefield Publishers.
- Article
- Badźmirowska-Masłowska, Katarzyna (2019). “Child protection in cyberspace”. Cybersecurity and Law (1), 213-224.
- Sahoo, A. (2015). “CHILDREN’S RIGHTS IN THE CYBERSPACE”. International Journal of Research and Analysis, (4), 1-10.
- Stadniczeńko, D. (2022). “Children’s Rights in the Digital Environment Under the Convention on the Rights of the Child”. Teka Komisji Prawniczej PAN Oddział W Lublinie, (15), 321–331.
- Tobin, J. (2011). "Courts and Construction of Childhood: A New Way of Thinking" In: Law and Childhood Studies. Edited by Freeman, M.F.B.A., Oxford University Press, 56-59.
- Documents
- A/HRC/RES/31/7 (2016). Rights of the Child: Information and Communications Technologies and Child Sexual Exploitation.
- Convention on the Rights of Child (1989).
- CRC/C/GC/13 (2011). The right of the child to freedom from all forms of violence.
- CRC/C/GC/16 (2013). State obligations regarding the impact of the business sector on children's rights.
- CRC/C/GC/25 (2021). Children's rights in relation to the digital environment.
- Declaration on the Rights of the Child (1959).
- E/CN.15/2019/L.3/Rev.1 (2019). CCPCJ recommendation to the ECOSOC to approve the resolution on Countering child sexual exploitation and sexual abuse online.
- E/RES/1992/22 (1992). Report on the 48th session of the Commission on the human rights.
- E/RES/2011/33 (2011). Prevention, protection and international cooperation against the use of new information technologies to abuse and/or exploit children.
- Europol Report (2019). International collaboration via Europol leads to tentative identification of victims of child abuse.
- International Covenant on Civil and Political Rights (1966).
- International Covenant on Economic, Social and Cultural Rights (1966).
- ITU Concept Note (2020). Creating a Safe and Prosperous Cyberspace for Children.
- ITU Guidelines on Child Online Protection (2020).
- Optional Protocol to the Convention on the Rights on the Sale of Children, Child Prostitution and Child Pornography (2000).
- Resolution No. 175 (Rev. Bucharest, 2022) of the ITU Plenipotentiary Conference. Telecommunication/ICT accessibility for persons with disabilities and persons with specific needs.
- Resolution No. 179 (Rev. Bucharest, 2022) of the ITU Plenipotentiary Conference. ITU's role in child online protection.
- Resolution No. 67 (Rev. Kigali, 2022) of the World Telecommunication Development Conference. The role of the ITU Telecommunication Development Sector (ITU-D) in child online protection.
- Resolution No. 67-1 (Rev. Sharm el-sheikh, 2019) of the ITU Radiocommunication Assembly. Telecommunication/Information and Communication Technology (ICT) for persons with disabilities and persons with specific needs.
- UNICEF Industry Toolkit on Children Online Privacy and Freedom of Expression (2018).
- Universal Declaration of Human Rights (1948).
References in Persian:
- Books
- Soltani, N. (2021). Cyber and the United Nations, Tehran, Cyberspace Research Institute Publications (In Persian).
- Ghari Seyed Fatemi, S.M. (2017). Human Rights in the Contemporary World: Analytical Essays on Rights and Liberties. Tehran: Negah-e Moaser Publications (In Persian).
- IRIB Political Research Department (2011). An overview of the phenomenon of using children in cyberspace for advertising; Reasons, Consequences and Solutions. Tehran: IRIB Political Research Department (In Persian).
- B) Articles
- Jafari, M.H, & Parsa, E. (2019). Prohibition of Child Pornography in the Context of International and Domestic Documents. Child Rights Journal, (1), 155-166 (In Persian).
- Hosseini Akbarnezhad, H., & Javaheri Arasteh, M. (2020). Criminal Protection of Children against Online Abuses in Iran and UK Regulations and International Documents. Journal of Legal Research, (44), 107-130 (In Persian).
- Faramarziani et al. (2021). Providing a Model of Protecting Children's Privacy in Cyberspace. Communication Research Quarterly, (106), 9-30 (In Persian).
- C) Documents
- Constitution of the National Center for Cyberspace (2012) (In Persian).
- Executive Bylaw of Article 6 of the Children and Adolescents Protection Act (2021) (In Persian).
- Executive Bylaw on Duties and Method of Work of the Communications Regulatory Commission (2004) (In Persian).
- Goals, Position and Duties of the Supreme Council of the Cultural Revolution (1997) (In Persian).
- Supporting Document and Action Plan on Development of Cyberspace Services for Children and Adolescents (2017) (In Persian).
- Protection of Children and Adolescents in Cyberspace Act (2021) (In Persian).
- National Act on the Children and Adolescents' Rights (2018) (In Persian).
- Electronic Commerce Act (2003) (In Persian).
- Computer Crimes Act (2009) (In Persian).
- Children and Adolescents Protection Act (2020) (In Persian).
- Act on the Method of Punishment of Persons who Engage in Unauthorized Activities in Audiovisual Affairs (2007) (In Persian).
- Decision No. 2 of the 203rd Meeting of the Communications Regulatory Commission (2014) (In Persian).
- Citizens' Rights Charter (2016) (In Persian).
- R. of Iran Cultural Engineering Roadmap (2014) (In Persian).
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