چکیده:
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.
خلاصه ماشینی:
It seems that drawing the legal framework for protecting children in the digital space is initially addressed to the parties to the Convention on the Rights of the Child, who must do so through comprehensive and appropriate legislative, executive, and judicial measures, and in light of concepts such as independent oversight, dissemination of information, awareness-raising and education, consultation with civil society, and access to justice and redress.
Given the short time since the issuance of this general interpretation and the lack of comprehensive research at the international and national levels on the present and novel subject matter, we have decided to study the subject of children's rights in cyberspace by describing the desired protective framework of the Committee on the Rights of the Child and analyzing the elements of this legal framework, and while examining and applying this interpretation to the provisions of the Convention on the Rights of the Child, question the elements of the state's commitment in the present subject matter and observe the methods of its application in the realm of legislation, execution, and judiciary.
In addition to being reflected as a general rule in all treaties with a human rights content, the Convention on the Rights of the Child specifically obliges parties to the Convention in Article 2 to “ensure protection of the child against all forms of discrimination,” and this commitment will also support children in the digital space.
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