the untapped digital potential of the convention on the rights of the child
Post on 21-Oct-2014
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A presentation about what I would like to call the Untapped Digital Potential of the Convention on the Rights of the Child. The Convention provides for a very extensive right to freedom of expression. Does the Committee on the Rights of the Child fully appreciate the role that the Internet could play in advancing the child's right to freedom of expression?TRANSCRIPT
THE UNTAPPED DIGITAL POTENTIAL OF THE CONVENTION ON THE RIGHTS OF THE CHILD
Stefan Kulk, University of Amsterdam
CONVENTION ON THE RIGHTS OF THE CHILD
Adopted in 1990 Except for the United States and
Somalia, all United Nations members have ratified the Convention
Article 43 of the Convention establishes the Committee on the Rights of the Child as the monitoring body of the Convention
“The child shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of the child's choice.”
ARTICLE 13 – FREEDOM OF EXPRESSION
”States Parties shall assure to the child who is capable of forming his or her own views the right to express those views freely in all matters affecting the child, the views of the child being given due weight in accordance with the age and maturity of the child”
ARTICLE 12 – THE RIGHT TO BE HEARD
“States Parties recognize the important function performed by the mass media and shall ensure that the child has access to information and material from a diversity of national and international sources, especially those aimed at the promotion of his or her social, spiritual and moral well-being and physical and mental health.”
ARTICLE 17 - THE MEDIA
ARTICLE 17 - THE MEDIA
Article 17 emphasises the important function performed by the mass media
What are mass media? The Committee seems to exclude the
Internet as a mass medium
CHILDREN & FREEDOM OF EXPRESSION
Area of tension: Approach that supports the free flow of
information Approach that protects children from
harmful information This clash is even more manifest when
the Internet is considered The Internet is a great tool to advance
freedom of expression, but may also be a dangerous environment for children.
CHILDREN & FREEDOM OF EXPRESSION
Area of tension: Approach that supports the free flow of
information Approach that protects children from
harmful information
A balance needs to be struck between the two approaches
THE COMMITTEE & THE INTERNET
In almost all cases the Committee mentions the Internet in the context of: “Pornography” “Violence” “Racism” “Harmful” or “injurious” content
THE COMMITTEE & THE INTERNET
When the Internet is mentioned in other contexts, the Committee does so without acknowledging the full potential of the Internet:
“The Committee further suggests that the State Party should develop programmes and strategies to use mobile technology, video advertisements and the Internet as a means for raising awareness among both children and parents of information and material injurious to the well-being of children.”(concluding observations on Luxembourg 2005)
THE COMMITTEE & THE INTERNET
Point-to-multipoint communication model
THE COMMITTEE & THE INTERNET
Peer-to-Peer communication model
CONCLUSION
The Convention provides for a very strong protection of the child’s right to freedom of expression
But, the Committee on the Rights of the Child under appreciates the Internet as a tool to advance the child’s right to freedom of expression.
