Digital security for children with special needs under public international law and Algerian legislation
DOI :
https://doi.org/10.34174/w6txvq23Mots-clés :
Children with special need, Digital security, Digital environment, Cybercrime, CountermeasuresRésumé
There is a global consensus that children with special needs face significantly reduced opportunities for engaging with the external world across various domains. A pivotal approach to integrating them into society involves facilitating their access to digital environments while safeguarding their rights online. Nonetheless, there has been a rising concern about the dangers posed by the digital world to these children, emphasizing the critical need to ensure their secure access within a framework that respects human rights and provides protection.
This study delves into the significance of the digital environment for children with special needs and outlines the primary risks they encounter. It also sheds light on the protective measures endorsed by international conventions and Algerian laws in this context.
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First / Sources:
1. International Charters:
- Council of Europe Convention on Cybercrime, Budapest, November 23, 2001, July 1, 2004.
- Council of Europe Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse, June 17, 2015.
- Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution, and child pornography, May 25, 2000 - January 18, 2002.
- United Nations Convention on the Rights of Persons with Disabilities, December 13, 2006.
- United Nations Convention on the Rights of the Child, November 20, 1989, September 2, 1990.
2. United Nations Resolutions:
- Comment No. 25 of 2021 on children's rights in relation to the digital environment, UN Document No. CRC/C/GC/25, March 2, 2021.
- General Assembly Resolution No. 53/144, December 9, 1998, on the right and responsibility of individuals, groups, and society to promote and protect universally recognized human rights and fundamental freedoms, UN Document No. A/RE/S/53/144.
- General Assembly Resolution No. 68/167 on the right to privacy in the digital age, UN Document No. A/RES/68/167, December 18, 2013, p. 3.
- General Assembly Resolution No. 69/166 on the right to privacy in the digital age, UN Document No. A/RES/69/166, February 10, 2015, p. 5.
- Human Rights Council Resolution No. 26/13 on enhancing and protecting human rights on the internet, UN Document No. A/69/53, June 26, 2014, p. 2014.
- Human Rights Council Resolution No. 28/16 on the right to privacy in the digital age, UN Document No. A/HRC/RES/28/16, April 1, 2015.
- Human Rights Council, promoting and protecting all civil, political, economic, social, and cultural rights, including the right to development, UN Document No. A/HRC/12/23, July 21, 2009.
3. National Laws:
- Algerian Child Protection Law, No. 12-15, 2015.
- Constitutional Amendment 2020, Official Gazette No. 83, issued December 30, 2020.
- Order No. 156-66 dated June 8, 1966, containing the Penal Code, as amended and supplemented.
- Presidential Decree No. 04/183 dated June 26, 2004, establishing the National Institute of Forensic Science and Criminology for the National Gendarmerie and defining its basic statute.
- Executive Decree No. 15-261 dated October 8, 2015, establishing the composition of the National Authority for the Prevention of and Fight Against Crimes related to Information and Communication Technology.
- Law No. 09-04 on special rules for the prevention of crimes related to information and communication technology.
Second / References:
1. Books:
- Khaled bin Marzouq bin Siraj Al-Otaibi, Procedural Aspects in Initiating Information Crimes: A Comparative Study, Law and Economics Library, Riyadh.
- Rashid Mohammed Al-Mari, Cybercrimes in Contemporary Criminal Thought: A Comparative Study, Dar Al-Nahda Al-Arabiya, 2018.
2. Periodicals:
- International Telecommunication Union, Guidelines for Policymakers on Child Protection Online, ITU Publications 2020.
- International Telecommunication Union, Understanding Cybercrime: Phenomena, Challenges, and Legal Response, September 2012.
- Tunisian Ministry of Family, Women, Children, and the Elderly, Institutional Assessment for Preventing and Protecting Children from Violence in the Digital Space, USAID.
3. Academic Articles:
- Ahmed Abis Naima Al-Fitlawi, Cyber Attacks: Concept and International Responsibility Arising in Contemporary International Law, Al-Hilli Investigator Journal of Legal and Political Sciences, Issue 4, Eighth Year, 2016.
- Amina Abishat, Brahim Ammari, The Digital Environment and its Relationship with Crimes Committed Against Children, Sexual Exploitation as a Model, Notebooks Journal, Volume 13, Issue 1, 2022.
- Amira Abdel Azim Mohamed Abdel Jawad, Cyber Risks and Means of Addressing Them in Public International Law, Sharia and Law Journal Issue 35, Part 03, 2020.
- Aya Samir Salah Mansour, Social Media's Approach to Issues of People with Special Needs, Scientific Journal of Media and Communication Technology Research, Issue 8, 2020.
- Faiza Iqbal et al., A Qualitative Study: Impact of Bullying on Children with Special Needs, Linguistica Antverpiensia, Issue 2, 2021, p. 1639.
- Giovanna Mascheroni, Kjartan Olafsson, Mobile Internet Access and Use Among European Children: Initial Findings of the Net Children Go Mobile Project, Milano, 2013.
- Hani Atiyah Al-Juhani, Teaching Students with Intellectual Disabilities During the Coronavirus Pandemic Through Their Teachers' Experiences, Faculty of Education Journal, Assiut University, Volume 38, Issue 2, November 2022.
- Mohamed Chawki, Essay on the Notion of Cybercrime, IEHEI, European Institute, July 2006.
- Robin M. Kowalski, Allison Toth, Cyberbullying among Youth with and without Disabilities, Journal of Child and Adolescent Trauma, 2018, p. 2.
- Sonia Livingston and others, Risks and Safety on the Internet: The Perspective of European Children Full Finding, London, January 2011.
4. Online Articles:
- Amr El-Deeb, Cybercrimes and Children's Rights, Safe Space platform, available at: https://www.safespace.qa/%D9%85%D9%86-%D9%86%D8%AD%D9%86
- INTERPOL, Child Protection Online, available at: https://www.interpol.int/ar/4/16/6
5. Websites:
- UNICEF, Online Bullying: What It Is and How to Stop It, available at: https://www.unicef.org/ar
- United Nations Development Programme, Sustainable Development Goals, available at: https://www.undp.org/sustainable-development-goals
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© Revue des Sciences Humaines 2024
Cette œuvre est sous licence Creative Commons Attribution - Pas d'Utilisation Commerciale 4.0 International.
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