CRC/C/GC/25
Rights Council and the special procedures of the Council, two rounds of consultations with
States, experts and other stakeholders on the concept note and advanced draft and an
international consultation with 709 children living in a wide variety of circumstances in 28
countries in several regions.
6.
The present general comment should be read in conjunction with other relevant
general comments of the Committee and its guidelines regarding the implementation of the
Optional Protocol to the Convention on the sale of children, child prostitution and child
pornography.
II. Objective
7.
In the present general comment, the Committee explains how States parties should
implement the Convention in relation to the digital environment and provides guidance on
relevant legislative, policy and other measures to ensure full compliance with their
obligations under the Convention and the Optional Protocols thereto in the light of the
opportunities, risks and challenges in promoting, respecting, protecting and fulfilling all
children’s rights in the digital environment.
III. General principles
8.
The following four principles provide a lens through which the implementation of all
other rights under the Convention should be viewed. They should serve as a guide for
determining the measures needed to guarantee the realization of children’s rights in relation
to the digital environment.
A.
Non-discrimination
9.
The right to non-discrimination requires that States parties ensure that all children
have equal and effective access to the digital environment in ways that are meaningful for
them.4 States parties should take all measures necessary to overcome digital exclusion. That
includes providing free and safe access for children in dedicated public locations and
investing in policies and programmes that support all children’s affordable access to, and
knowledgeable use of, digital technologies in educational settings, communities and homes.
10.
Children may be discriminated against by their being excluded from using digital
technologies and services or by receiving hateful communications or unfair treatment through
use of those technologies. Other forms of discrimination can arise when automated processes
that result in information filtering, profiling or decision-making are based on biased, partial
or unfairly obtained data concerning a child.
11.
The Committee calls upon States parties to take proactive measures to prevent
discrimination on the basis of sex, disability, socioeconomic background, ethnic or national
origin, language or any other grounds, and discrimination against minority and indigenous
children, asylum-seeking, refugee and migrant children, lesbian, gay, bisexual, transgender
and intersex children, children who are victims and survivors of trafficking or sexual
exploitation, children in alternative care, children deprived of liberty and children in other
vulnerable situations. Specific measures will be required to close the gender-related digital
divide for girls and to ensure that particular attention is given to access, digital literacy,
privacy and online safety.
B.
Best interests of the child
12.
The best interests of the child is a dynamic concept that requires an assessment
appropriate to the specific context.5 The digital environment was not originally designed for
4
5
2
General comment No. 9 (2006), paras. 37–38.
General comment No. 14 (2013), para. 1.