The implementation and recognition of children’s rights to special care and protection within the digital environment

Abstract

The digital environment has extensively evolved over the years, enabling new ways in which individuals and society operate and communicate. The digital and online dimension has also created innovative and effective opportunities that has broadened the educational spectrum for children. This has also promulgated a faster and more convenient way for children to access information that will enhance their level of learning. With the rapid use of the digital environment, children have shown to have adapted more so than any other group in society. They have adapted to the use of the digital environment not only for educational purpose but also for social interactions. The advancement of digital technologies has also enabled easy accessibility for any individual including children, to use and this has created both a negative and positive outcome. In as much as the digital environment has enacted various opportunities for children by providing digital access to various platforms that promote a wide spectrum of educational information through digital devices, the digital environment has also made it accessible for negative aspects that violate children’s wellbeing and their rights to safety. This mini dissertation is motivated by the following legal question: to what extend are children’s rights to special care and protection within the digital environment being recognised and implemented? The mini dissertation answered this research question through a series of extensive and comprehensive discussions that involved international laws such as the UNCRC, that form basis on the rights of children in general and how such rights are to be implemented and recognised. This mini dissertation further went on to evaluate how these rights as enshrined under the UNCRC have a direct or indirect inference on the implementation and recognition of children’s rights to special care and protection within the digital environment. A further discussion of the effect that regional and national laws have on the protection of children’s rights to special care and protection within the digital environment was held. This also included a comprehensive discussion on how South African law can protect children’s rights to special care and protection.