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Published 27.09.24
Special Rapporteur on the sale and sexual exploitation of children visits Germany
Torsten Krause, SDC
From 14 to 25 October, the United Nations Special Rapporteur on the sale and sexual exploitation of children, Mama Fatima Singhateh, will visit Germany to assess the current situation and progress in relation to preventing, combating and raising awareness of sexualised violence against children. At the invitation of the German Federal Government, she will be travelling the country and meeting with various stakeholders to obtain first-hand information. She will then prepare a report on her experience and the insights gained. This is to be presented at the 61st session of the Human Rights Committee in March 2026.
In the run-up to the state visit, it was possible to submit submissions and comments to the special rapporteur in preparation for her visit. The Stiftung Digitale Chancen (Digital Opportunities Foundation) submitted a statement in which it particularly addresses the situation of sexualised violence against young people in the digital environment. With reference to the recent amendment of the Penal Code, the statement argues for the legalisation of consensual sexting in accordance with paragraph 118 of General Comment No. 25, presents the concept of personal integrity and calls for the concept of abuse (translated in German as Missbrauch [misuse]) to be abandoned in favour of sexualised violence.
The full statement of the Digital Opportunities Foundation can be viewed here.
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Published 25.09.24
Children's rights guidelines for DSA fulfilment
Torsten Krause, SDC
In implementing the Digital Services Act, the European Commission is preparing the development of guidelines in accordance with Art. 28(4). These guidelines are intended to support the providers of online platforms in implementing their obligations under Art. 28(1) DSA. Accordingly, they are obliged to ensure the protection of minors in their services and to take the necessary measures to this end. The European Commission is also relying on the knowledge and perspective of the public to develop these guidelines. There is still an opportunity to submit comments and suggestions until 30 September here.
The Digital Opportunities Foundation took part in the ongoing participation process and submitted its suggestions to the European Commission. In its opinion, the foundation is in favour of aligning the guidelines with Livingstone and Stoilova's 5C model. It also refers to the concept of personal integrity and recommends that the European Commission take this into account when drawing up the guidelines. The position statement also refers to the possibility of age assurance measures to facilitate safe participation and suggests evaluating the measures taken by providers on the basis of a child rights impact assessment. The full statement of the Digital Opportunities Foundation can be read here.
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Published 23.09.24
Global Digital Compact: Protect children online
Torsten Krause, SDC
At the Summit for the Future, the United Nations adopted the Global Digital Compact as part of Our Common Agenda. The Digital Compact sets out the basic principles for shaping the digital environment. The states have expressed their commitment to aligning the further development of the digital environment with common ideas and principles, for example with regard to connectivity, data utilisation and respect for human rights.
With regard to the rights of children in the digital environment, the states recognise the need to protect young people online and to combat all forms of violence. In addition to gender-specific and sexualised violence that is digitally facilitated, they also see a need to take measures to counter hate speech online, the spread of mis- and disinformation and cyberbullying on the internet. Providers of digital services should be held accountable and encouraged to protect children and young people on their services. For example, reporting mechanisms should be established so that users can report violations of community rules. These should be made accessible for young people and people with disabilities. Providers should also provide information and training materials so that young people can effectively utilise the protective measures of the services for themselves. The United Nations also wants providers to improve the transparency and accountability of their services and thus contribute to better understanding of their general terms and conditions or moderation decisions, for example. However, not only the providers but also the states should do their part to ensure that children and young people can grow up media literate. To this end, e.g. all schools should be connected to the digital environment.
The Global Digital Compact can be read here.