Abstract
This chapter considers how the U.N. Convention on the Rights of the Child, adopted by the U.N. General Assembly in 1989 and ratified by every nation except the United States, protects the present and future rights of all children. However, the digital rights of children could not have been anticipated when the treaty was drafted. How should parents, legislators, child advocates, and others strive to both protect children from potential internet harm while still allowing children to develop the requisite skills needed to negotiate the internet alone? How best to achieve the balance between protection and digital participation will be the primary focus of this chapter.
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The UNCRC and the Rights of Children
The internet offers opportunities for children around the world to connect with each other and to learn from each other. While parents may fear the risk that these interactions pose to children, some authors have suggested that harsh policies designed to limit internet access by children are created, at least in part, to reduce adult anxiety (Vickery, 2017). In the United States, there was a great deal of concern about the risks posed by “stranger danger” that children might meet on line (and possibly, later, in person). However, the overwhelming risk by individuals to children come from those at home and not strangers (Vickery, 2017).
While parents and society have traditionally opted to protect children from risks both inside and outside the home, protection and acknowledgement of rights did not invariably go hand-in-hand. Until very recently few people felt that children deserved any rights at all (Wall, 2017). Adults, who may be only too willing to recognize the cognitive limitations imposed by childhood on some children, may be unwilling to acknowledge the cognitive maturity of others. Since children mature emotionally and cognitively at different rates—just as their physical developmental rates vary—many societies have traditionally opted to err on the side of caution and limit their exposure to individuals, substances and media deemed risky. They are, in effect, protecting them from their immature decision-making abilities. However, this approach may have the unintended side effect of leaving that child ill-prepared for adulthood and independent decision-making.
The U.N. Convention on the Rights of the Child (UNCRC) suggests that children possess the requisite cognitive maturity to either make their own decisions or to participate in the decision-making process. In the inherent tension between protection of vulnerable children and allowing children to fully participate in decisions, including decisions in the digital world, the spirit guiding the UNCRC advocates for participation. The central role that the digital world now plays in the lives of all global citizens today, including children could not have been imagined.
This chapter will explore how the UNCRC would likely address the right to digital access by children, how adults in the lives of children should balance the protection and participation rights of children seeking to exercise these rights, what guidance the “evolving capacities” standard in the UNCRC provides in the context of minors exercising participation rights, how to respond to concerns about unequal digital media access, issues of good child citizenship involving digital media and international laws and reports that may provide some guidance in resolving these issues.
The Evolution Of The Uncrc
The UNCRC evolved from several historical documents dating back to World War I. From the 1924 Geneva Declaration of the Rights of the Child to the 1959 Declaration on the Rights of the Child, the international community has advocated for children for a century. The Preamble to the UNCRC notes that “recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world” (United Nations Office of the High Commissioner [OHCHR], 1989). The UNCRC begins with the inherent dignity present in all individuals and suggests that equity in all aspects of the lives of children is a goal of this document; inequities in power structures such as the law, health systems, political structures and other factors amenable to change are considered. Eventually the UNCRC was unanimously adopted by the U.N. General Assembly in 1989, was signed by 61 countries in January 1990 and went into effect in September 1990 (Lurie & Tjelflaat, 2012).
Key Terms in this Chapter
Cognitive Maturity: The process of increasing intellectual reasoning and ability whereby knowledge is acquired typically associated with increasing chronological age prior to adulthood.
Digital Resilience: Concept that exposure to potentially-disturbing or age-inappropriate internet content (e.g., pornography) by children will result in children who are able to bounce back quickly and recover. This skill allows users to be more prepared to encounter inappropriate content in future internet visits and is considered an important part of the growth process by many who argue that participation should trump protection.
Child Empowerment: Recognition that children have traditionally been denied the opportunity to participate in decisions impacting their lives and attempt to correct historical incidents where children’s wishes where either routine ignored or their opinions were not obtained.
Digital Citizenship: Role that children can play online as citizens of the world; examples include minor activities such as circulating and signing petitions or significant roles such as encouraging nations to change their political agendas or adopt specific political platforms.
United Nations Convention on the Rights of the Child (UNCRC): Treaty ratified by every country except the United States which grants children unparalleled rights in virtually all aspects of their lives.
Evolving Capacities: The notion that parents, physicians, social workers, judges and others who work with children should ascertain their level of understanding of any proceeding that will have an impact on the life of the child and seek their input in the decision-making process. Generally, the higher the level of understanding of the child, the more input the child will have in the process.
Adolescent: Young person under 18 years of age.