With respect to children’s access to and use of social media, the Charter of Fundamental Rights of the European Union (Charter) [12]
EU, Charter of Fundamental Rights (2016/C 202/02), 2016, pp. 389-405.
and the United Nations Convention on the Rights of the Child (CRC) [13]
United Nations, CRC, 1989.
include several relevant provisions [14]
Rights referred to herein are as set out in the EU, Charter of Fundamental Rights, 2016 and the United Nations, CRC, 1989; for an analysis of the European Convention on Human Rightsand the rights of the child, see FRA, Handbook on European law relating to the rights of the child - 2022 edition, Publications Office of the European Union, 2022.
. The following section paraphrases these rights with respect to the protection afforded to children and accompanying measures, with the relevant articles and references to the Charter and UN CRC, including selected secondary EU law [15] The 2025 Guide on the case law of the European Court of Human Rights on the rights of the child also provides a useful reference with respect to specific cases - https://ks.echr.coe.int/documents/d/echr-ks/guide_rights_of_the_child_eng
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- Human dignity and protection from all forms of violence [16]
EU, Charter of Fundamental Rights, 2016, Art. 1, 3, 5, 24(1); United Nations, CRC, 1989, Art. 19, 32, 34, 35, 36, 39, 40.
:
Social media can expose children to harmful content [17]
United Nations Office of the High Commissioner for Human Rights, Existing and emerging sexually exploitative practices against children in the digital environment – Report of the Special Rapporteur on the sale, exploitation and sexual abuse of children (A/79/122), 9 July 2024; Eurostat, ‘50 % of young people encounter hostile messages online’, Eurostat website, 1 August 2024; FRA, EU LGBTIQ Survey III, (Topic: Violence and harassment, Question: Encountered/seen online LGBTIQ people to be ‘’unnatural’’ or mentally ill in the last 12 months, Answer: Often; Filter 1: All; Age: 15-17), 2023; European Commission,Joint Research Centre (JRC), Cyberbullying: insights from science, policy and legislation, 11 November 2025; European Commission, JRC, Social media usage and adolescents’ mental health in the EU, (Science for policy brief, JRC 141047), 2025.
, such as sexual abuse, hate speech, and cyberbullying, with negative effects on their mental health and development. EU law explicitly prohibits certain content [18]
At the EU level, prohibited content relevant for child protection, but also adults, includes incitement to terrorism (Directive (EU) 2017/541);child sexual abuse material (Directive (EU) 2011/92/EU);, racism and xenophobia (Council Framework Decision 2008/913/JHA); harmful audiovisual content affecting children, such as gratuitous violence and pornography (Directive (EU) 2018/1808 (Audiovisual media directive)); and, as of June 2027, cyberviolence against women and girls, in particular cyberstalking, cyber harassment, non-consensual sharing of intimate or manipulated material, cyber incitement to violence or hatred, and cyber flashing (Domestic violence directive (Directive (EU) 2024/1385)). For further details on protecting children from sexual abuse, including online, see FRA, Handbook on European law relating to the rights of the child - 2022 edition, 2022, Chapter 7.1.3.
. The Digital Services Act (DSA), among other relevant provisions, requires online platforms to take measures to ensure a high level of privacy, safety, and security of minors, on their service [19]
. According to the CRC, laws, policies and measures should prevent and address these harms, promote positive and supportive online environments, and ensure access to help and counselling when needed [20]
United NationsCommittee on the Rights of the Child, General comment No25 (2021) on children’s rights in relation to the digital environment (General comment No25), (CRC/C/GC/25), 02 March 2021, paragraphs 14,16, 45, 46, 54, 80-83, 112-116.
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- Best interests of the child [21]
EU, Charter of Fundamental Rights, 2016, Art. 24 (2); United Nations, CRC, 1989, Art. 3.
:
The child’s best interests should be the primary consideration in any public and private action to determine their age or limit their access to social media, with legislation, policies and measures reflecting their evolving capacities [22]
European Parliament and Council of the European Union, Digital Services Act, 2022, Recital 89 (very large online platforms and search engines to consider the child’s best interests in their systems and features); United Nations Committee on the Rights of the Child, General Comment No25, 2021, paragraphs 12-13 (best interests of the child) and paragraphs 19-21 (evolving capacities) refer to considerations for States Parties to develop legislation, policies and measures taking into account the best interests of the child and their evolving capacities.
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- Protection from discrimination [23]
EU, Charter of Fundamental Rights, 2016, Art.21, 26; United Nations, CRC, 1989, Art. 2, 23.
:
Laws, policies and measures should enable all children to participate safely online. They must take into account the specific risks faced by different children due to their personal characteristics and circumstances. This includes children with disabilities, with minority or migrant backgrounds, and differences between girls and boys [24]
United Nations Committee on the Rights of the Child, General Comment No25, 2021, paragraphs 9-11 (outline measures by State Parties to ensure non-discrimination in the digital environment for children); Digital Services Act, 2022, Art. 34-35 (requires very large online platforms and very large search engines to assess and mitigate risks of discriminatory impacts stemming from the design and functioning, and use of their services).
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- Privacy and data protection [25]
EU, Charter of Fundamental Rights, 2016, Art. 7, 8; United Nations, CRC, 1989, Art. 16.
:
Children’s personal data requires a high level of protection [26]
European Parliament and Council of the European Union, Digital Services Act, 2022, Art. 28, Recital 71; European Parliament and Council of the European Union, Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (GDPR), OJ L 119, 4.5.2016, pp. 1-88; in particular, see Article 8 and Recital 38 (children as vulnerable data subjects) of the GDPR.
. This includes data protection by design and by default, strong privacy settings, age-appropriate information on data use, prohibition of profiling and tracking, strict data minimisation, and the right to have their data [27]
For data protection safeguards for children, see FRA, Handbook on European law relating to the rights of the child - 2022 edition, 2022, Chapter 10.1; and: FRA, Handbook on European data protection law – 2018 edition, 2018, Publications Office of the European Union, pp. 361-369.
. In EU law, processing personal data of children is one of the criteria that need to be considered when assessing whether the data processing is likely of high-risk, which requires a data protection impact assessment [28]
European Parliament and Council of the European Union, GDPR, 2016, Art. 35, Recital 75; for more information, see Article 29 Working Party, Guidelines on Data Protection Impact Assessment (DPIA), 13 October 2017, as endorsed by the European Data Protection Board, 25 May 2018.
. Age-assurance tools should respect the evolving capacities of children and be privacy-preserving for all users, with due regard for the special vulnerabilities of children [29]
European Data Protection Board, Statement 1/2025 on Age Assurance, 12 February 2025, paragraphs 11, 12, 13, 22; United Nations Committee on the Rights of the Child, General Comment No25, 2021, paragraph 114 mentions the set-up of robust age verification for access to illegal products or services and data protection compliance.
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- Freedoms of thought, conscience and religion, of expression and information, of assembly and association, of the arts and sciences, and the right to education [30]
EU, Charter of Fundamental Rights, 2016, Art. 10, 11, 12, 13, 14; United Nations, CRC, 1989, Art. 13, 14, 15, 17, 28, 29, 30, 31; please note that Art. 17 (e) of the CRC, 1989, obliges State parties to ‘encourage the development of appropriate guidelines for the protection of the child from information and material injurious to his or her well-being […]’.
:
Children should be able to express themselves, connect with peers, and access diverse, good quality, age-appropriate information and educational content online [31]
European Parliament and Council of the European Union, Digital Services Act, 2022, Art 34-35 (risk assessments and mitigating measures), Recital 81 (age-inappropriate content), Recital 83 (design features causing addiction,) Recital 71 (child safeguarding as critical priority); European Parliament and Council of the European Union, Audiovisual Media Services Directive, 2018, Art. 6, 20, 24, 27. See FRA, Handbook on European law relating to the rights of the child - 2022 edition, 2022, Chapter 7.1.3 (Sexual abuse) and 10.2.7 (Children and Advertising).
. Digital literacy and rights awareness are essential so that children can use online services safely, give informed consent when relevant, and seek help when needed [32]
United Nations Committee on the Rights of the Child, General Comment No25, 2021, paragraphs 50-66; 99-111.
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- Participation and right to be heard [33]
EU, Charter of Fundamental Rights, 2016, Art. 24(1); United Nations, CRC,1989, Art. 12.
:
Children’s views, including those living in vulnerable situations, should be considered on matters concerning them, in line with their age and maturity and with appropriate safeguards. This includes involving them in relevant consultations, in the development, monitoring and evaluation of child protection strategies, policies, programmes and services [34]
FRA, Towards Integrated child protection systems, 2025, Publications Office of the European Union, pp. 12-14; for information on children’s right to be heard in national processes, see European Commission, Recommendation of 24/04.2024 on developing and strengthening integrated child protection systems in the best interests of the child (C (2024) 2630 final), paragraph 4; United Nations Committee on the Rights of the Child, General Comment No25, paragraphs 17-18; FRA, Handbook on European law relating to the rights of the child - 2022 edition, 2022, Chapter 2.4.
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- Protection as consumers [35]
EU, Charter of Fundamental Rights, 2016, Art. 38; for more information on the protection of children as consumers in EU law, see FRA, Handbook on European law relating to the rights of the child - 2022 edition, 2022, Chapter 10.2.
:
As digital consumers, children should receive age-appropriate information about commercial practices and terms of service of online platforms so they can make informed choices [36]
European Parliament and Council of the European Union, Digital Services Act, 2022, Article 14(3) and Recital 46 (terms and conditions easily understandable for children).
. They should not be profiled for advertising, and they should be protected from commercial exploitation [37]
European Parliament and Council of the European Union, Digital Services Act, 2022, Art. 28(2) prohibits online platforms from targeting children with advertisement based on profiling (as defined in GDPR, 2016, Art. 4(4)) when they are aware the user is a child; European Parliament and Council of the EU, Audiovisual Media Services Directive, 2018, Article 6a(2) prohibits processing children’s personal data for commercial purposes, including profiling and targeted advertising, on video-sharing platforms.
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- Redress [38]
EU, Charter of Fundamental Rights, 2016, Art. 47; United Nations Committee on the Rights of the Child, General Comment No25, 2021, paragraphs 43-49.
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Accessible, child-friendly complaint channels and support systems should be available when harms occur online, including reporting mechanisms on platforms, national helplines and independent authorities, with clear information on how to use them in a child-friendly way [39]
European Parliament and Council of the European Union, Digital Services Act, 2022, Art. 16 (notification and action mechanisms), Recital 89 (child friendly complaint and reporting systems to be implemented by very large online platforms and search engines); United Nations Committee on the Rights of the Child, General Comment No25, 2021, paragraphs 43-49 outlining measures that States Parties to ensure access to justice and remedies, including support and referral.
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