Digital rights of children
CHILDREN rights apply online as offline. Online rights of children mean the rights in digital environment. Many people consider the digital environment to be what happens on a computer or smart phone.
But the digital environment is a continuously and rapidly evolving, which includes many interconnected technologies, some of which may be in a child’s hands while others are not directly possessed by them but still impact on their life.
Digital environment encompasses information and communications technologies, mobile devices and digital networks, content, services and applications, internet, social media platforms, electronic databases, media environment, virtual and augmented reality, artificial intelligence, robotics, automated systems, algorithms and data analytics, biometrics and implant technology, online gaming, and any developments resulting in access to or services for digital environment.
The digital environment is becoming increasingly important across most aspects of children’s life including home, educational settings, cybercafes, youth centres, libraries, health and alternative care settings, government services and e-commerce etc.
Although, it offers new opportunities of learning and for the realization of children’s civil, political, economic, social, health and cultural rights, but also exposes children to much publicised new risks to their right to life, survival and development.
Risks relating to content, contact, conduct and contract encompass, among other things, online violent and sexual content, cyber aggression and harassment, gambling, exploitation and abuse, including sexual exploitation and abuse, over-use of internet, online fraud, identity theft and the promotion of or incitement to suicide or life-threatening activities, including by criminals or armed groups designated as terrorist or violent extremist.
To investigate the above offences and abuses and their prevention and to provide remedy and support to children who are victims of above abuses during their involvement in digital environment, on 24 March 2021, the United Nations Committee on the Rights of the Child has published a General Comment number 25 on children’s rights in relation to the digital environment.
This General Comment supports the claim that children rights apply online as offline and in relation to the digital environment, it’s a game changer for children.
Because, it clarifies how children’s rights to life, survival, development, non-discrimination, best interest, respect the views of child, privacy, protection, education, play and more are protected in digital environment.
The General Comment number 25is applicable on every State party of UNCRC and explains how State parties should implement the Convention in relation to the digital environment and provides guidance on relevant legislative, policy and other measures to ensure full compliance with their obligations under the Convention and the Optional Protocols thereto in the light of the opportunities, risks and challenges in promoting, respecting, protecting and fulfilling all children’s rights in the digital environment.
General Comment no. 25inter alia provides that the use of digital devices should not be a substitute for in person interactions among children or between children and parents or caregivers.
State parties should pay specific attention to the effects of technology in the earliest years of life, when brain elasticity is maximal and the social environment, in particular relationship with parents and caregivers, is crucial to shaping children’s cognitive, emotional and social development.
In the early years, precaution is required, depending on the design, purpose and uses of technology and digital service providers should offer services that are appropriate for children’s evolving capacities.
Training and advice on the appropriate use of digital devices should be given to parents, caregivers, educators and other relevant actors, taking into account the research on the effects of digital technology on children’s development, especially during the critical neurological growth spurts in early childhood and adolescence.
Children with different types of disabilities, including physical, intellectual, psychosocial, auditory and visual disabilities, face different barriers in accessing the digital environment.
State parties should ensure that children with disabilities have access to content in accessible formats and should promote technological innovations that meet the requirements of children with different types of disabilities and ensure that digital products and services are designed for universal accessibility so that they can be used by all children without exception and without the need for adaptation
Digital technologies bring additional complexity to the investigation and prosecution of crimes against children, which may cross national borders.
So, in cooperation with international partners, State parties should take special preventative, enforcement and remedial measures against such crimes.
They should also provide specialized training to law enforcement officials, prosecutors and judges regarding child rights violations in digital environment.
State parties should provide children with child-sensitive and age-appropriate information in child-friendly language on their rights and on the reporting and complaint mechanisms, services and remedies available to them in cases where their digital rights are violated.
Such information should also be provided to parents, caregivers and professionals working with and for children.
In compliance to General Comment number 25, government of Pakistan should mobilize, allocate and utilize public resources to amend the existing legislation, enact new laws with full implementation and formulate policies and programmes to fully realize children’s rights in the digital environment.
Moreover, the mandates of National Commission on the Rights of Child (NCRC), federal and provincial human rights institutions and ministries and other appropriate independent institutions must cover children’s rights in the digital environment and that they should be able to receive, investigate and address complaints related to violation of digital rights of children from children and their representatives.
Where independent oversight bodies exist to monitor activities in relation to the digital environment, NCRC and other national human rights institutions should work closely with such bodies for effective discharging of their mandates regarding children’s rights. Globally, it is acknowledged that children are one in three of the world’s internet users.
Organizations working to protect children’s rights need to understand how to reduce the risk of harm children face online while maximizing their opportunities for learning, participation and creativity.
—The writer is Advocate High Court/Human Rights Lawyer Based in Islamabad.
