Information (Digital) Rights of Children, Illegally Displaced from the Ukrainian Territory During Wartime: Mechanisms of International Legal Protection

Abstract

This scientific publication is designed to prove that mechanisms of child protection in armed conflicts established by international legal instruments as well as local regulations and investigated in this paper are not sufficient to sustain the Russian aggression. It is necessary to introduce new stringent standards as an immediate and effective response from the international community to the abduction of every child. Children in the occupied territories have the right to always communicate with their parents, receive psychological and medical help. In all circumstances, children have the right to liberty and security of person, the right to know their origins, keep their personal documents and receive education in their mother tongue. The main objective of this scientific publication is to research the international legal experience on protection of information (digital) rights of children unlawfully removed from the territory of their residence during wartime or living in the occupied territories as well as to suggest improvements to the current legislation. The authors conclude that to reach the adequate level of protection of information (digital) rights of children illegally removed from the Ukrainian territory during the war or living in the occupied territories, the global transformation of legislation is necessary, primarily in terms of inclusive protection of children, effective prevention of violence and practical involvement of children in peace processes. We recommend fundamentally revising the personal data protection of children surviving in hostile environment, taken into captivity or living on the occupied territories. International legal instruments adopted within the subsequent institutional reforms should not only establish declarative statements, but also penalties for violation of the humanitarian law. Further steps are: establishment of the database on children living in the military action zones and on children taken as prisoners or living in the occupied territories; ensure the unimpeded access of parents to this database; provide means of contact between children and parents, including mobile connection. It is also necessary to ensure the right of children in captivity or under occupation to communication and education in their mother tongue; to prevent adoption of captured children or children residing in occupied territories according to simplified procedure and to prohibit the use of children as means of exchange. Moreover, it is vital to ensure the accountability of war criminals, prohibit the use of child labor and involvement of children in hostilities, prohibit the use of children as human shields, provide children with psychological and medical help and prohibit any forms of discrimination against children or persons with special needs that are held captive or live under occupation. Children and persons who need regular insulin injections, dialysis, radiation or chemotherapy should be provided with the adequate medical care.