Course Information
Children's rights have long been an underexposed subject in law and technology, but this is now changing. This is important for several reasons. Firstly, children are important users of technology: both during their childhood and as future adult users (and designers) of technology. About a third of internet users worldwide are children. However, the Internet has not been developed with children in mind, and this raises all sorts of questions, such as the inherently commercial nature of digital services and products, which raises questions about design that could be harmful or at least unfair, such as dark patterns, for vulnerable users, such as children. Secondly, children have fundamental rights which must be respected when designing and using digital technologies. One of the key principles is the best interest principle in Article 3 of the UN Convention on the Rights of the Child 1989 (UNCRC) which states that all activities that have an impact on children should contribute to their development and respect their relevant children's rights. In the EU, this is for instance reflected in the General Data Protection Regulation, which applies to the regulation of all digital services and technologies that are developed and applied. Data protection laws are adopted across the world now. The UN Committee on the Rights of the Child will possibly this year adopt a new general comment (no. 25) in which data protection is considered a child right as part of their right to privacy in article 16 UNCRC. Another important principle is the right of children to be heard in Article 12 UNCRC, which states, among other things, that the expectations, insights and needs of children of different age groups and according to their evolving capacities must be taken into account in the design and use of digital technologies that have an impact on them. Thirdly, a children's rights approach is relevant for children to ensure that regulation with an impact on children is balanced. Particularly in the case of technological developments, we are quickly seeing a concerted response to protect children by imposing restrictions on them if risks are found or merely perceived to be present. It is, of course, important to protect children from harm, but that should not disproportionately restrict their freedom to develop in all kinds of ways and, above all, to be able to make mistakes. One subject that highlights this dilemma is adolescent sexting, i.e. the sharing of sexually explicit photos or videos. In many countries, sexting falls within the scope of 'child pornography' and is therefore punishable, but the question is justified whether in many cases sexting is not simply part of sexual development.
The course will cover some selected topics that touch on all of these points. The subjects are central to academic research that is carried out within the Center for Law and Digital Technologies (eLaw) at Leiden University.
Course objectives
Knowledge
Students will acquire extensive knowledge on the CRC and its relation to emerging and converging digital technologies.
Students will acquire knowledge on how child rights law dynamically interacts with other modes of regulation.
Students will acquire some knowledge on the interdisciplinary character of scholarship in children’s rights and digital technologies.
Students will acquire insights in how technology challenges the law as well as in the extent to which law can deal with issues children’s rights and digital technologies
Academic skills and attitude
- Students will further develop writing, argumentation and presentation skills by actively participating in classroom interactions, researching with fellow students a topic relevant to children’s rights and digital technologies, and by presenting their findings.
Achievement levels
Knowledge: students that have successfully completed this course will be able to position children’s rights and digital technologies in a legal, regulatory, and, to a certain extent, interdisciplinary context and have gained comprehensive insights in current problems in light of emerging digital technologies, the role of fundamental children’s rights and implementing law in dealing with these problems, and how children’s rights and implementing law interrelate with other modes of regulation.
Academic skills and attitude: students that have successfully completed this course will be able to analyze socially and theoretically relevant legal and regulatory questions concerning children’s rights and digital technologies; to systematically, coherently and concisely discuss topic relevant to children’s rights and digital technologies, both in writing and orally, in group work.
Mode of instruction
Seminars
Course Requirement
Master Degree
Timetable
The timetable of this course will be available for students in MyTimetable
Brightspace
More information on this course is offered in Brightspace
Attendance
Attendance is mandatory as specified in Article 5.1 of the Course and Examination Regulations of the Master of Laws Advanced Studies Programmes
Examination Method
Written exam (60%)
Group essay (40%)
Pecha-kucha presentation (on the preliminary findings from the essay) (obligatory/mark: sufficient)
Required reading list
See Brightspace
Contact information
Programme Coordinator
Ms Patricia Garcia Fernandez
Telephone number: 0031- 71 527 4228
E-mail: lawanddigitaltechnologies@law.leidenuniv.nl
Course Coordinator
Prof Simone van der Hof
s.van.der.hof@law.leidenuniv.nl
“Disclaimer:
Should there be any future extenuating circumstances which may impinge our teaching and assessment, these could necessitate modification of the course descriptions after 1 September. This will only happen in the event of strict necessity and the interests of the students will be taken into account. Should there be a need for any change during the course, this will be informed to all students on a timely basis. Modifications after 1 September 2024 may only be done with the approval and consent of the Faculty Board and Programme Director.