A Comparative Study of the Iranian Model of "Protecting Children and Adolescents in Cyberspace": Evaluation from the Perspective of International Child Rights Standards

Document Type : Original Article

Author

Assistant Professor, Department of International Law, Faculty of Law and Political Science, University of Mazandaran , Babolsar, Iran.

Abstract

The "Document for the Protection of Children and Adolescents in Cyberspace" creates a national model for legal regulation and management of cyberspace regarding Iranian children and adolescents. The spirit of this document, which is protectionism, is realized through "creating a protected virtual environment for children and teenagers". The realization of this importance is through the development of content that meets the special needs of children and teenagers, classifying cyber services, the establishment of a support and monitoring system, and cultivating and promoting cyber knowledge and international interactions. In General Comment No. 25, by introducing a guiding framework for the protection of children in cyberspace, the Committee on Rights of the Child (CRC) has given authenticity to the "protection of the best interests of the child" in cyberspace. The content of this model includes the obligation to eliminate all forms of discrimination against children, protection of the child's best interests and attention to his views, and national policy making, national and international cooperation, allocation of resources, evaluation of virtual effects, virtual knowledge enhancement, monitoring, preparation for litigation. And compensation is the solution to realize this important. This research using the descriptive-analytical method and in a comparative way shows that the model of "protection document" with priority given to national considerations including cultural-Islamic values and efforts to develop a protected virtual environment on the basis of the national information network and (not International Information Network) aims to draw an independent legal framework but related to the international obligations of the Islamic Republic of Iran.

Keywords

Main Subjects

References

Charter of Fundamental Rights of the European Union, 2000
Committee on Economic, Social and Cultural Rights (CESCR), General comment No. 2, 1990
Committee on Economic, Social and Cultural Rights (CESCR), General comment No.20, 2009
Committee on the Rights of the Child (CRC), General comment No. 1, 2001
Committee on the Rights of the Child (CRC), General comment No. 2, 2002
Committee on the Rights of the Child (CRC), General comment No. 5, 2003
Committee on the Rights of the Child (CRC), General comment No. 12, 2009
Committee on the Rights of the Child (CRC), General comment No. 13, 2011
Committee on the Rights of the Child (CRC), General comment No. 14, 2013
Committee on the Rights of the Child (CRC), General comment No. 17, 2013
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
Committee on the Rights of the Child (CRC), General comment No. 19, 2016
Committee on the Rights of the Child (CRC), General comment No. 25, 2021
Committee on the Rights of the Child, Provisional rules of procedure, 2005
Convention on the Rights of the Child, 1989
Child and adolescents Protection Act, 2019
Detrick, Sharon (1999), A Commentary on the United Nations Convention on the Rights of the Child, martinus nijhoff publishers
Document for the protection of children and adolescents in cyberspace
Explanatory document of the requirements of the national information network (2015), National Virtual Space Center
Human Rights Committee (CCPR), General comment No.3, 1981
Human Rights Committee (CCPR), General comment No.17, 1989
Human Rights Committee (CCPR), General comment No.36, 2021
International Covenant on Civil and Political Rights, 1966
International Covenant on Economic, Social and Cultural Rights, 1966
International Court of Justice, Ahmadou Sadio Diallo (Republic of Guinea v. Democratic Republic of the Congo), Judgment of 30 November 2010
International Law Commission, Fourth report on subsequent agreements and subsequent practice in relation to the interpretation of treaties, 2016
Moradkhani, fardin and Somayeh, Takaloo (2020), " The Multiplicity of Legislative Bodies Emphasizing the Position of Supreme Council of Cyberspace Approvals in Iranian Legal System ", jurisprudence and Islamic Law, No. 12(22)  [In Persian]
Rouhani, Hasan (2010), national security and nuclear diplomacy, Expediency Discernment Council, Center for Strategic Research  [In Persian]
Seyrafi, S., & Sayyad Abdi, H. (2023), The Teleological Approach in the General Comments of the ‎Human Rights Committee, Public Law Studies Quarterly, 53(1), 67-96  [In Persian]
Shahsavari, Ehsan (2017), The Role of Subsequent Practice in the Interpretation of Treaties, PHD Thesis, faculty of law and political sciences, Tehran University  [In Persian]
Taghizadeh, javad and samieean, Fatemeh (2014), " Allocation of legislative jurisdiction of Parliament in the constitutional order of Iran ", Journal of legal research, No. 27  [In Persian]
The strategic document of the Islamic Republic of Iran in the virtual space - goals and macro measures (2021), National Virtual Space Center  [In Persian]
Optional Protocol on the Sale of Children, Child Prostitution and Child Pornography, 2000
Tobin, john (2019), The UN Convention on the Rights of the Child: A Commentary, Oxford University Press
Vienna Convention on the Law of Treaties (VCLT.I), 1969
Journal of Comparative Law
Volume 7, Issue 2 - Serial Number 12
October 2023
Pages 105-124

Files

History

  • Receive Date: 07 February 2023
  • Revise Date: 13 April 2023
  • Accept Date: 15 May 2023

Share

How to cite

Statistics