The Right to Identity of Children and Adolescents in the Digital Age: A Criminological Perspective in Light of International Instruments

Abstract

This study aims to examine the emerging challenges facing the “right to identity” of children and adolescents in the digital age and to propose an effective framework for its protection. Given the vulnerability of this age group’s developing identity to threats such as identity theft, cyberbullying, and online manipulation, the article seeks to answer the question of what constitutes an effective criminal and legal policy in this domain, taking into account international instruments and domestic foundations. The present research adopts a descriptive–analytical method and an interdisciplinary approach encompassing legal, criminological, and jurisprudential perspectives. Accordingly, international instruments such as the Convention on the Rights of the Child (particularly General Comment No. 25; Committee on the Rights of the Child, 2021), relevant sociological and criminological theories related to cyberspace (including “surveillance capitalism” and the “network society”), as well as the capacities of dynamic jurisprudence (the principles of la darar [no harm] and maslahah [public interest]) are analyzed and referenced. The findings indicate that the current legal system, due to its exclusive reliance on a reactive and crime-centered approach, lacks sufficient effectiveness in safeguarding the digital identity of children and adolescents. Threats in this sphere are more complex than can be addressed solely through punitive instruments. Accordingly, the study’s main hypothesis—namely, the necessity of transitioning to a “hybrid preventive model”—is confirmed. This model is grounded in four pillars: legal, educational, technical, and cultural. Ultimately, the article proposes an integrated and preventive policymaking model, the key implications of which include the need for responsibility-oriented legislation for digital platforms, the promotion of critical digital literacy education rather than purely restrictive approaches, and the empowerment of the family institution as the frontline of protection. This model offers a practical pathway for moving from the current ineffective criminal policy toward a comprehensive and effective strategy.