What is the government’s responsibility?

The government has many responsibilities when it comes to the application and protection of children’s rights. This comprises of amongst others the following: The government has to ensure that digital children’s rights are incorporated into national policy and regularly evaluated and updated. The government has to ensure that anyone who works with children or creates products for them is aware of these laws, and ensure that they are complied with. The government has to ensure that children have access to technology (and can exert their other rights accordingly). The government has to provide effective protective mechanisms for children, both online and offline, in any environment where children have access to the digital world. The government has to ensure that there are places children can easily turn to when their rights are infringed upon. In the case of criminal offences, such as sextortion or phishing, the government has to ensure an adequate investigation and provide the child with legal support. The right of children to use the opportunities provided by digital media for educative, social, economic and political participation has to be provided and protected, while the risks children can encounter online must be actively counteracted. Children have the right to guidance and support as they discover and use digital media, with respect for the rights and dignity of children and others.

Children’s rights in a digital world

The digital world is part of the life of every child. They often can’t imagine a life without it, and let’s be honest, neither can we. Offline, children are protected by all sorts of laws that ensure they can grow up safely. But what about the online world? Children grow up ‘digitally’ too. What laws and rights protect them there?

With children, in this case we mean anyone under 18 years old. This case was created in collaboration with the Departement Culture, Youth and Media, Unicef, KeKi, Kinderrechtencoalitie (children's Rights Coalition en the research group Law & Technology from UGent.

Questions about children’s rights in the digital world? Contact our experts Isabelle Bergen and Karen Linten.

On this page:

Children’s rights in the digital world
fundamental principles
5 frequently asked questions
Where can children turn to
Videos
Learn more?

Are children’s rights also applicable in the digital world?

Yes, children’s rights are also applicable in the digital world! Children deserve the same protections and opportunities online as the ones they (should) enjoy in the ‘real’ world.

Digitisation offers children lots of opportunities to exercise their rights. As soon as they have access to a device with an internet connection, they can exercise many of those rights. But digitisation can also curtail those rights, because if you can’t get by digitally these days, you miss out on lots of things. Friendships, relaxation, personal expression, … all of these increasingly happen online.

4 fundamental principles

The Children’s Rights Convention proposes four fundamental principles:

The best interests of the child come first: whatever decision is being made, the best interests of the child should always be the first consideration.
Right to non-discrimination: children’s rights are applicable to every child. Independent of race, faith, abilities, … every child is entitled to the same protections and freedoms under the Children’s Rights Convention. If a child is in an exceptional or vulnerable position, additional measures and actions are called for.
Right to participation: children need to be actively involved in decisions that affect them. This means that children are entitled to expressing their opinion, and that this opinion should be taken into account.
Right to life, survival and development: every child has the right to live and grow up in the most optimal way possible. Governments and companies, but also parents and teachers, … should provide a safe environment.

"The rights children have in the digital world also come with responsibilities. This means that they should not infringe on the rights of others. For example, the online world offers plenty of possibilities for children to express their opinions, but using hate speech or sharing photos without permission crosses important boundaries.”

Eva Lievens
Onderzoeksgroep Law & Technology, UGent

5 frequently asked questions

The Children’s Rights Convention is a document that was created and signed by 196 countries in 1989, which recognises the fundamental rights of children. The Convention recognises the fundamental dignity of all children and aims to safeguard their wellbeing and development. It consists of 54 articles that detail the societal, social, political, economic and cultural rights of the child. The Children’s Rights Convention is based on four major principles. It is applicable to all children (under 18 years old) and is legally binding.

No, each right (including in the digital world) is equally important. The rights are also interlinked. Without the right to access and expression, the right to convention becomes meaningless. This means that the Children’s Rights Convention forms an undividable unit.

General Comment 25, made in March of 2021, officially confirms that the rights contained in the Children’s Rights Convention also must be complied with in the digital world. In this case study, you can explore how the 54 Rights can be applied in the digital world.

Yes, according to General Comment 25 every child has the right to participate in the digital world. Governments need to take every possible measure to overcome digital exclusion. This comprises amongst others of offering free internet access in public places, investing in programmes and initiatives that enable affordable access, and conscious use of digital technologies in the education system.

The government has many responsibilities when it comes to the application and protection of children’s rights. This comprises of amongst others the following:

The government has to ensure that digital children’s rights are incorporated into national policy and regularly evaluated and updated.
The government has to ensure that anyone who works with children or creates products for them is aware of these laws, and ensure that they are complied with.
The government has to ensure that children have access to technology (and can exert their other rights accordingly).
The government has to provide effective protective mechanisms for children, both online and offline, in any environment where children have access to the digital world.
The government has to ensure that there are places children can easily turn to when their rights are infringed upon. In the case of criminal offences, such as sextortion or phishing, the government has to ensure an adequate investigation and provide the child with legal support.

The right of children to use the opportunities provided by digital media for educative, social, economic and political participation has to be provided and protected, while the risks children can encounter online must be actively counteracted. Children have the right to guidance and support as they discover and use digital media, with respect for the rights and dignity of children and others.

What if the rights of children are infringed upon?

Although Belgium makes various (legal) efforts to protect the rights of every child, it is inevitable that these are occasionally infringed upon. These infringements can be committed by companies, government bodies, peers, parents or guardians.

Children can stand up for their own rights

Children often – unwittingly – protect their own rights in an informal way. For example, if a classmate posts a photo of them without asking for permission, many children will take action and ask them to remove the photo. Without even realising it, they are protecting their own right to privacy. Unfortunately, things aren’t always that simple.

When children have questions about their rights or feel that they have been infringed upon, they can always contact the social network administrator, the Children’s Rights Commissioner, the data protection authority, or the local police.