نوع مقاله : مقاله مروری
موضوعات
عنوان مقاله English
نویسندگان English
The expansion of cyberspace has given rise to novel forms of intangible assets within the domain of family and child law. These assets, primarily comprising children's personal data, images, creative works, and even digital behavioral patterns, challenge traditional legal frameworks. This research aims to analyze the jurisprudential foundations for recognizing the proprietary nature of these assets and to evaluate the efficacy of Iran's legal system in protecting them. Employing a descriptive-analytical method, the study draws on data collected through library research of classical jurisprudential texts and domestic legislation.The findings indicate that within Imami jurisprudence, by invoking principles such as "La Darar" (No Harm), the prohibition of Ghībah (backbiting/defamation), and the preservation of human dignity, a right with both financial and moral dimensions can be established for a child's image rights, personal data, and creative works. In the realm of Iran's positive law, while existing statutes—such as the Law on the Protection of Children and Adolescents (2020), the Computer Crimes Law, and the Intellectual Property Law—have taken initial steps, they remain fragmented and insufficient. A significant gap persists concerning the explicit recognition of "the child's ownership right over their personal data and images."Concluding, this article proposes that future legislation, inspired by Islamic jurisprudence, should move towards drafting a "Charter of Digital Rights for the Child and Family" to establish a coherent and comprehensive protective framework.
کلیدواژهها English