Scientific Journal of Law and Modern Studies

Scientific Journal of Law and Modern Studies

Supporting the rights of children in the digital environment in the context of protecting their best interests

Document Type : Research Article

Authors
1 PhD student in Public International Law, Faculty of Law, Islamic Azad University, Emirates Branch. (Corresponding Author)
2 PhD student in Persian language and literature, Faculty of Literature, University of Tehran.
Abstract
Nowadays, Technology is a grand narrative in our world which has made fantastic changes in human’s life by progressing in hardware and software fields. It should be said that the current development of the digital environment, such as: information and communication technology, networks, contents, digital services, virtual reality, artificial intelligence, robotics, the creation of blockchain technology and the emergence of the metaverse platform play a role in different aspects of today’s children lives. In addition, with spreading of COVID and the increasing the usage of virtual world which has played an effective role in the production, dissemination and transmission of educational and entertainment information, online accessibility level has been raised up for different groups of society such as children. Meanwhile, children’s rights as the most vulnerable part of the society has been more likely in danger of abuse and assault. Today's children spend too much time for educational, recreational and entertainment activities on the Internet and digital environment. And they are exposed to all types of dangers and threats. The topic of protection of children and teenagers rights is really noticeable and should be support by all governments, civil institutions and other custodians of children's affairs. This survey tries to answer to these questions: Who is the child? What are the effects of the digital environment in his life? What legal and structural mechanisms are accessible in international and local environments for protecting children rights in digital world.
Keywords

1- Ebrahimi, Zahra; Musharraf Javadi, Zahra, (2018), "Principles governing the child's right to health in the international human rights system", Children's Rights Quarterly, Winter, 115-140.
2- Esmaili, Mohsen, (2009), "Child's rights against the media", family studies, 115-129.
3- Amir Arjomand, Ardeshir. (1381), Collection of International Human Rights Documents. Volume 1, Tehran: Shahid Beheshti University.
4- Biranvand, Ali, (2017), "The view of librarians of public libraries of Fars province about special electronic books for children in public libraries", National Quarterly of Librarianship and Information Organization, 11 Bahman, 118-131.
5- Totunchian, Mehri, Sarshar, Mina, (2019), Children's right to family life in the light of human rights system, Children's Rights Quarterly, No. 7.
6- Habibzadeh, M., Moghadisi-Roin, M., (2006), an introduction to the criminal protection of child victims in Iranian law with a look at international documents, Nameh Mofid, 55.
7- Hosseini, Mohammadreza, (2018), "Governments' responsibility and the mechanism of protection of children's rights in cyberspace", Children's Rights Quarterly, Winter, 59-33.
8- Hosseini, Mohammadreza, (2018), responsibility of governments and mechanisms to protect children's rights in cyberspace, Children's Rights Quarterly, first year, number 4, winter.
9- Hosseini, Hale, Javaheri, Arasteh, (2019), "Criminal protection of children against abuse in cyberspace in Iranian and English laws and international documents", Legal Research Journal, Winter, 132-107.
10- Dashab, Mehriyar, (2012), Child Rights Course Notes, Senior Expertise in Human Rights, Faculty of Law and Political Sciences, Alameh Tabatabaei University, 18 pages.
11- Shariati, Maryam, Zamaniyan, Masoumeh, Khalili, Milad, (1400), publication of children's images in virtual space and its effect on their pre-puberty personality development in the light of Iranian law and international regulations, New Law and Studies Journal, No. 2.
12- Safarinia, Mehzad, (1400), Children's right to access cyberspace from the perspective of domestic and international law, New Technologies Law Quarterly, No. 5.
13- Alidousti, Siros, Sheikh Shojaei, Fatemeh, (1385), Information Technology and Libraries, Tehran, Research Institute of Information and Scientific Documents, first edition.
14- Kazemi, Seyed Ali, (2014), selection of international documents, children's rights, first edition, Tehran, Khorsandi Publications.
15- Mosfa, Nasrin, (1383), the Convention on the Rights of the Child and its effectiveness in Iran's domestic law, 1st edition.
16- Musfa, Nasreen, (2006), The Covenant of Children's Rights in Islam from the perspective of international humanitarian law, the collection of articles of the Conference of Islam and International Humanitarian Law, Red Crescent Society and ICRC.
17- Mazloumzadeh, Amena, Jamalzadeh, Abdolreza, Shahabi, Ruqieh, (1400), Principles related to children's rights in the digital environment, Economic Jurisprudence Studies Quarterly, No. 3.
18- CRC/C/GC/12, 2009.
19- CRC/C/GC/14, 2013.
20- Biancarosa, G, Griffiths, G. G. (2012). Technology tools to support reading in the digital age Future of Children, 22(2), 139-160.
21- Clark B. Competing custody rights, new concepts of family and the best interests of the child. Comparative and international law journal of southern Africa. 1998:288-306.
22- Hosseini NS. The Right to Marriage and Family Formation. MA Dissertation. Tehran Iran: Faculty of Law and Political Sciences, University of Tehran; 2015. [Persian]
23- https://tbinternet.ohchr.org/_layouts/15/treatybodyexternal/Download.aspx?symbolno=CRC/C/GC/25&Lang=en
24- https://tbinternet.ohchr.org/_layouts/15/treatybodyexternal/TBSearch.aspx?Lang=en&TreatyID=5&DocTypeID=68
25- https://www.ohchr.org/en/instruments-mechanisms/instruments/convention-rights-child
26- https://www.ohchr.org/en/instruments-mechanisms/instruments/optional-protocol-convention-rights-child-involvement-children
27- https://www.ohchr.org/en/instruments-mechanisms/instruments/optional-protocol-convention-rights-child-sale-children-child
28- https://www.ohchr.org/en/treaty-bodies/crc
29- https://www.ohchr.org/en/treaty-bodies/crc/days-general-discussion
30- Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography.
31- Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict.
32- Unicef, children in a digital world, THE STATE OF THE WORLD'S CHILDREN 2017.
33- Vafaei F, Bahreini MJ. Fall of Child Custody. Tahora Quarterly. 2012; 2(13): 113-144. [Persian]
34- Yolanda (Linda) Reid Chassiakos, Jenny Radesky, Dimitri Christakis, Megan A. Moreno, Corinn Cross and COUNCIL ON COMMUNICATIONS AND MEDIA (2016). Children and Adolescents and Digital Media.

  • Receive Date 12 November 2022
  • Accept Date 09 February 2023