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The Theory of the Right to Effective Compensation for Children in Cyberspace and Legal Analysis in Light of General Comment No.27 of the Committee on the Rights of the Child
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Yeganeh Soufia1   , Mohammad Mehdi Seyednasseri *2  |
1- Department of Law, Tehran Branch, Islamic Azad University, Tehran, Iran.
2- Medical Ethics and Law Research Center, Shahid Beheshti University of Medical Sciences, Tehran, Iran. |
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Abstract: (20 Views) |
Background and Aim: The rapid expansion of the digital environment has fundamentally reshaped traditional frameworks for the protection of children’s rights. While offering significant educational and social opportunities, the online sphere simultaneously exposes children to serious risks, including digital addiction, cyberbullying, privacy violations and psychological and developmental harms. In this context, re-conceptualizing the child’s right to health and the right to effective remedies in digital settings-guided by General Comment No. 27 of the Committee on the Rights of the Child-has become a central imperative within contemporary international human rights law.
Methods: Employing an analytical–critical approach, this article examines the legal, ethical and institutional requirements for the protection of children in cyberspace. Drawing on international instruments, digital-ethics standards and supervisory practice, it investigates the mechanisms through which States and digital platforms can fulfil their obligations to secure these rights.
Ethical Considerations: The research relies exclusively on secondary data, adheres to scholarly impartiality, respects the dignity of the child and avoids any form of harmful or sensational representation.
Findings: The analysis reveals that the absence of a binding global regulatory framework, conflicts between the economic interests of platforms and ethical imperatives, weak national legislation and the lack of measurable indicators constitute major obstacles to the effective realization of children’s rights to health and remedies in cyberspace. The study underscores the need to restructure domestic regulatory systems, enhance multilateral cooperation, strengthen transparency and accountability mechanisms for platforms and integrate legal regulation with digital-ethics principles.
Results: Ensuring these rights requires a shift from a purely protective paradigm toward a preventive, dignity-centred and justice-oriented framework. General Comment No.27 offers a normative foundation for building a coherent system capable of safeguarding children in the digital age and advancing digital justice and effective remedies. |
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| Keywords: Digital Justice, Children’s Rights, Right to an Effective Remedy, Child Health, Human Dignity, Cyberspace, General Comment No.27 |
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Full-Text [PDF 606 kb]
(12 Downloads)
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Type of Study: Original Article |
Received: 2024/06/4 | Accepted: 2025/02/17 | Published: 2025/03/17
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