A HUMAN RIGHTS BASED FRAMEWORK FOR DIGITAL GOVERNANCE: REINTERPRETING THE 'BEST INTERESTS OF THE CHILD' IN THE AGE OF DATAFICATION IN NIGERIA

Abstract

The rapid integration of digital technologies into every sphere of children’s lives has redefined the contours of childhood, participation, and protection. While the “best interests of the child” remains a cardinal principle under Article 3 of the Convention on the Rights of the Child (CRC), Article 4 of the African Charter on the Rights and Welfare of the Child (ACRWC), and Section 1 of Nigeria’s Child Rights Act (CRA) 2003, its application in the digital environment raises complex legal and ethical challenges. This article examines the evolving interpretation of the best interests of the child principle in light of emerging digital realities such as datafication, algorithmic profiling, surveillance technologies, and online exploitation. It interrogates whether existing legal frameworks adequately balance children’s rights to privacy, protection, participation, and access to information in the digital ecosystem. Drawing from General Comment No. 25 (2021) on children’s rights in relation to the digital environment, the paper argues that the best interests of the child principle must be recontextualised to ensure that digital policies, educational technologies, and child protection laws incorporate a holistic understanding of both risks and opportunities online. Using a doctrinal and comparative analysis, with reference to Nigeria and other African jurisdictions, the study proposes a normative framework for operationalising the best interests of the child principle in digital governance. The paper concludes that a child-centred, rights-based, and context-specific approach is essential for ensuring that the digital transformation truly serves the best interests of every child.