Abstract



Background and Objective: Cyberspace, by creating opportunities and threats for children, has challenged their right to mental health as a fundamental right in the digital environment. This study aims to analyze this right within three frameworks: Islamic jurisprudence, Iran's domestic laws, and international documents, and to propose legal solutions.



Methods: This descriptive-analytical research was conducted by collecting data through library studies and content analysis of primary and secondary sources. Data analysis was based on extracting, categorizing, and interpreting themes, followed by a comparative analysis.



Findings: In Iranian law, despite regulations such as the Computer Crimes Law and the Law on the Protection of Children and Adolescents, there are evident legislative and executive gaps in explicitly protecting children's mental health in cyberspace. In contrast, international documents, particularly the Convention on the Rights of the Child and its General Comment No. 25, offer a progressive model by providing a comprehensive, rights-based framework grounded in the triple obligations of states (respect, protection, and fulfillment).



Conclusion: Effectively guaranteeing this right in Iran requires a shift from a merely criminal and passive approach to a preventive, rights-based, and holistic one. Essential measures include drafting a comprehensive "Law on the Protection of Children in Cyberspace," strengthening regulatory and executive mechanisms, providing digital literacy education for children and parents, and obligating the private sector to implement age-appropriate design for children, all of which can be achieved by drawing upon the capacities of Islamic jurisprudence and international standards.