Volume 19, Issue 60 (4-2025)
MLJ 2025, 19(60): 31-45 |
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Khaghani Esfahani M, Seyed Nasseri M M. Criminal Protection of Children against Cybercrimes; in the Light of OHRHR General Comment No.25. MLJ 2025; 19 (60) :31-45
URL: http://ijmedicallaw.ir/article-1-1906-en.html
URL: http://ijmedicallaw.ir/article-1-1906-en.html
1- Department of Law and Jurisprudence, The Institute for Research and Development in the Humanities (SAMT), Tehran, Iran
2- . Medical Ethics and Law Research Center, Shahid Beheshti University of Medical Sciences, Tehran, Iran.
2- . Medical Ethics and Law Research Center, Shahid Beheshti University of Medical Sciences, Tehran, Iran.
Abstract:
Background and Aim: Protecting children’s rights in cyberspace is a global mega-challenge and an interdisciplinary topic. Among the various policy-making disciplines in reducing child victimization and cybercrime, the interaction of health law with international and criminal law has led to valuable international legislative achievements, including Article 34(c) of the Convention on the Rights of the Child and Article 9 of the Council of Europe Convention on Cybercrime. These two international documents, along with other sources and developments in international child health law, provided the basis for the issuance of General Comment No.25 of the United Nations Committee on the Rights of the Child (CRC/C/GC/25- 2021) entitled “Children’s Rights in Relation to the Digital Environment” which has great research importance from the perspective of criminological (preventive) and criminal (penal) protection of children, especially the two new generations Z and Alpha and of course, there is little domestic (Iranian) research on it.
Method: This article is applied in terms of purpose and analytical in terms of research type. The data were collected and analyzed within the interdisciplinary framework of international health law and criminal law using library resources and analyzing a wide range of international and national legal documents, jurisprudential procedures and other research documentation.
Ethical Considerations: This Article has completely adhered to the moral principles such as honesty, respect for rights and confidentiality, and the principle of intellectual property.
Results: Despite the obligations of governments to observe and guarantee children's rights in the digital environment at the international level and the legal systems of countries in light of the evolution of the commitment to implement the CRC Convention by governments, given the increasing growth of cybercrime and violations of children's health rights, Iran's criminal policy in establishing a balance between children's cyber rights and cyber criminal risks against children has not been desirable, and in its oscillation between security and freedom, it has not fulfilled Iran's legislative obligations in terms of the CRC Convention in a desirable manner.
Conclusion: The critical analysis of cyberspace policymaking and children's rights in Iran reveals numerous shortcomings in articles of higher-level documents, laws and regulations in the three thematic areas of children's health rights, criminalization and punishment and virtual technology rights. Some of these shortcomings are the subject of case studies in this article and legislative reform solutions are proposed to the Iranian legislator in light of the achievements and guidelines of the General Comment No.25 of the United Nations Committee on the Rights of the Child (OHRHR).
Please cite this article as:
Khaghani Esfahani M, Seyed Nasseri MM. Criminal Protection of Children against Cybercrimes; in the Light of OHRHR General Comment No.25. Medical Law Journal. 2025; 19: e3.
Method: This article is applied in terms of purpose and analytical in terms of research type. The data were collected and analyzed within the interdisciplinary framework of international health law and criminal law using library resources and analyzing a wide range of international and national legal documents, jurisprudential procedures and other research documentation.
Ethical Considerations: This Article has completely adhered to the moral principles such as honesty, respect for rights and confidentiality, and the principle of intellectual property.
Results: Despite the obligations of governments to observe and guarantee children's rights in the digital environment at the international level and the legal systems of countries in light of the evolution of the commitment to implement the CRC Convention by governments, given the increasing growth of cybercrime and violations of children's health rights, Iran's criminal policy in establishing a balance between children's cyber rights and cyber criminal risks against children has not been desirable, and in its oscillation between security and freedom, it has not fulfilled Iran's legislative obligations in terms of the CRC Convention in a desirable manner.
Conclusion: The critical analysis of cyberspace policymaking and children's rights in Iran reveals numerous shortcomings in articles of higher-level documents, laws and regulations in the three thematic areas of children's health rights, criminalization and punishment and virtual technology rights. Some of these shortcomings are the subject of case studies in this article and legislative reform solutions are proposed to the Iranian legislator in light of the achievements and guidelines of the General Comment No.25 of the United Nations Committee on the Rights of the Child (OHRHR).
Please cite this article as:
Khaghani Esfahani M, Seyed Nasseri MM. Criminal Protection of Children against Cybercrimes; in the Light of OHRHR General Comment No.25. Medical Law Journal. 2025; 19: e3.
Keywords: Health Law, Protective Criminal Policy, Committee on the Rights of the Child, Cybercrimes, General Comment No.25 of OHRHR
Type of Study: Original Article |
Received: 2024/10/24 | Accepted: 2025/01/21
Received: 2024/10/24 | Accepted: 2025/01/21
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