Balancing Digital Privacy with Child Safety Under the Convention on the Rights of the Child: A Rights-Based Framework for the Digital Age

Vollständiger Abstract

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The Convention on the Rights of the Child (CRC), adopted by the United Nations General Assembly in 1989, represents the most widely ratified human rights treaty in history with 196 parties as of 2026, yet today's children face unprecedented digital challenges that were entirely unimaginable at the time of its drafting. The intersection of digital privacy and child safety represents one of the most complex and frequently misunderstood tensions in contemporary children's rights discourse, with public discourse often framing these as competing interests where protecting children necessitates sacrificing privacy or where protecting privacy inevitably exposes children to harm. This research paper examines how the CRC framework, particularly through the Committee on the Rights of the Child's General Comment No. 25 (2021) on children's rights in relation to the digital environment, provides a comprehensive rights-based approach to balancing these seemingly opposing obligations by establishing that privacy and safety are not mutually exclusive but rather complementary dimensions of children's holistic protection. Drawing on international legal frameworks including the OECD Guidelines for Digital Service Providers (2024), the 5Rights Foundation's implementation guidance (2026), and scholarly analysis from the International Journal of Children's Rights (2024), this research demonstrates that achieving balance requires simultaneous implementation of privacy by design and safety by design principles, age-appropriate design frameworks, Child Rights Impact Assessments, and robust educational interventions. The paper analyzes the legal tensions between Article 16 (privacy) and Articles 19, 34, and 36 (protection from violence and exploitation), examines state implementation challenges across different jurisdictions including India's Digital Personal Data Protection Act 2023, and proposes a tiered consent model based on evolving capacities recognized in Article 5 of the CRC. This research provides a comprehensive theoretical and practical framework for policymakers, regulators, and technology companies operating in the digital children's rights space, with particular attention to the implementation gap between international commitments and domestic legal enactments.