نوع مقاله : علمی- پژوهشی
عنوان مقاله English
نویسندگان English
The emergence of digital platforms has given rise to a new, hidden form of child labor under the rubric of "child influencers". In this model, the boundary between "play" and "work" within the domestic sphere is blurred. Adopting a descriptive-analytical and comparative methodology, this study examines the shortcomings of Iranian labor law in addressing this phenomenon and proposes legislative solutions. The findings indicate that Iranian law, due to its focus on the "physical workplace" and "traditional subordinate relationships," lacks the capacity to regulate children's digital labor. Conversely, a comparative study of European supranational law and French domestic law reveals a multi-layered network. Specifically, the jurisprudence of the European Court of Human Rights on children's privacy and right to image, alongside strict European Union standards aligned with the General Data Protection Regulation (GDPR) and Court of Justice (CJEU) rulings establishing the right to be forgotten, provide the necessary framework to curb the economic exploitation of minors. Influenced by this supranational context, the 2020 French Law provides an effective model by distinguishing recreational from economic activities, establishing an administrative licensing system, creating an "escrow account" to preserve the child's earnings until majority, and guaranteeing the right to be forgotten. Accordingly, it is recommended that Iran reform its legislation by drawing inspiration from these frameworks, recognizing children's digital labor, and establishing financial monitoring, licensing, and digital identity protection mechanisms to safeguard the future of these children.
کلیدواژهها English