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Papers by Daniella Zlotnik Raz
In this White Paper, the Directive will be analysed in order to identify key issues for its effec... more In this White Paper, the Directive will be analysed in order to identify key issues for its effective implementation. This paper is drafted on the basis of the discussions that took place at the 5th Meeting of the European Council for Juvenile Justice (ECJJ) that took place in February 2017 in Valencia. At this meeting experts of the Council were consulted on the implementation of the Directive in national laws and practice. In paragraph 2, the context of EU law will be sketched out, with a particular focus on children’s rights. In paragraph 3, the development of the Directive and its drafting process will be touched upon, before turning to the content of the Directive. In paragraph 4, four key issues are identified and analysed in more detail in order to come to a better understanding on how to implement these particular rights in practice.
European Journal of Crime, Criminal Law and Criminal Justice, 2018
In this article the development and background of the Directive on procedural safeguards for chil... more In this article the development and background of the Directive on procedural safeguards for children who are suspects or accused persons in criminal proceedings is sketched out. Two key rights are reflected upon: the right to legal assistance and the right to other appropriate assistance. The main challenge with regard to the implementation of the right to legal assistance is the possibility of member states to derogate from this right on the basis of the circumstances of the particular criminal case(s) involving the child. The right to legal assistance is contingent upon the proportionality clause that has been built in the Directive and therefore legal assistance is not guaranteed for every child suspect or accused. The right to other appropriate assistance is given separate attention in the Directive, which strengthens the child’s legal position and his support during the proceedings.
This report describes and examines the existing body of international and European law relevant t... more This report describes and examines the existing body of international and European law relevant to children's rights in the field of biology and medicine (henceforth: biomedicine). This is a topical issue given the rapid developments in this area and the far-reaching implications biomedical research and new forms of treatment can have on the rights of children. 1 It is generally thought that the health and well-being of children-as well as others-can immensely benefit from the advances made in the domain of biomedicine, but at the same time there is considerable concern about its potential adverse effects on children and their rights. 1 To guide its work on children's rights, the Council of Europe has adopted a strategy on the rights of the child; Council of Europe, 'Strategy for the Rights of the Child (2016-2021)', (2016). The strategy can also benefit actions related to biomedicine and children, see p. 19.
T. Morag, Y. Sabag., D. Zlotnik Raz, T. Arazi, 'Ensuring Children and Youth's Rights during COVID... more T. Morag, Y. Sabag., D. Zlotnik Raz, T. Arazi, 'Ensuring Children and Youth's Rights during COVID-19 in light of the UN Convention on the Rights of the Child', Medicine and the Law (Refua veMishpat) 53, 2021 (in Hebrew).
T. Liefaard, A. Hendrix & D. Zlotnik, 'From Law to Practice; Towards a Roadmap to Strengthen Chil... more T. Liefaard, A. Hendrix & D. Zlotnik, 'From Law to Practice; Towards a Roadmap to Strengthen Children's Rights in the Era of Biomedicine. Commissioned by the Committee on Bioethics (DH-BIO) of the Council of Europe. https://rm.coe.int/leiden-university-report-biomedicine-final/168072fb46
M. Bruning & D. Zlotnik, 'Cooperation and the Right of Child Abuse Victims to Protection and Heal... more M. Bruning & D. Zlotnik, 'Cooperation and the Right of Child Abuse Victims to Protection and Health: Lessons from the Netherlands. Published in 'Children's Rights in Health Care' (Editors: J. H. H. M. Dorscheidt & J. .E Doek), Brill Nijhoff.
Have we Learned our Lesson and Can We Save the Next Child? Information-Sharing between Government... more Have we Learned our Lesson and Can We Save the Next Child? Information-Sharing between Governmental Authorities and Changes since the Winter Committee Report (in Hebrew).
Written by Daniella Zlotnik Raz and Carmit Polak-Cohen. Published in 'Nekudat Mifgash' Journal of the Haruv Institute, vol. 14, 2018. https://user-1723486.cld.bz/haruv-nekudat-mifgash-14
All about the Angles: Protecting Children using Cameras in Day Cares in Israel (In Hebrew). Wr... more All about the Angles: Protecting Children using Cameras in Day Cares in Israel (In Hebrew).
Written by Daniella Zlotnik Raz and Carmit Polak Cohen. Published in 'Nekudat Mifgash' Journal of the Haruv Institute, Vol. 19, 2020. https://user-1723486.cld.bz/haruv-nekudat-mifgash-19/65/
Juvenile Rehabilitation and Reentry following Imprisonment: Literature Review (in Hebrew). The... more Juvenile Rehabilitation and Reentry following Imprisonment: Literature Review (in Hebrew).
The research was written by the National Council for the Child (NCC) (writers: Daniella Zlotnik Raz and Vered Windman) with the support of Government - Civil Society Initiate and the Joint.
Journal articles by Daniella Zlotnik Raz
The International Journal of Children's Rights, 2023
Recent years saw significant developments concerning the role of children in the political contex... more Recent years saw significant developments concerning the role of children in the political context. Yet, children today remain excluded from meaningful political influence, and children’s enfranchisement stands as a main point of contention. The article posits the UN Convention on the Rights of the Child (CRC) as a decisive legal and theoretical basis for conceptualising children’s political rights, political participation
and voting. It explores key CRC provisions that relate to children in the political context and analyses the UN Committee on the Rights of the Child’s (CRC Committee) work to map what exists and what remains missing and under-developed in this discussion. Specifically, the article elaborates on the right to be heard, revealing the CRC Committee’s evolutive interpretive approach concerning its implementation in
the political context. The article also focuses on children’s enfranchisement, exploring the CRC’s potential to advocate for lowering the voting age from a child rights-based perspective.
European Journal of Crime, Criminal Law and Criminal Justice, 2018
In this article the development and background of the Directive on procedural safeguards for chil... more In this article the development and background of the Directive on procedural safeguards for children who are suspects or accused persons in criminal proceedings is sketched out. Two key rights are reflected upon: the right to legal assistance and the right to other appropriate assistance. The main challenge with regard to the implementation of the right to legal assistance is the possibility of member states to derogate from this right on the basis of the circumstances of the particular criminal case(s) involving the child. The right to legal assistance is contingent upon the proportionality clause that has been built in the Directive and therefore legal assistance is not guaranteed for every child suspect or accused. The right to other appropriate assistance is given separate attention in the Directive, which strengthens the child's legal position and his support during the proceedings.
Reports by Daniella Zlotnik Raz
In this White Paper, the Directive will be analysed in order to identify key issues for its effec... more In this White Paper, the Directive will be analysed in order to identify key issues for its effective implementation. This paper is drafted on the basis of the discussions that took place at the 5th Meeting of the European Council for Juvenile Justice (ECJJ) that took place in February 2017 in Valencia. At this meeting experts of the Council were consulted on the implementation of the Directive in national laws and practice. In paragraph 2, the context of EU law will be sketched out, with a particular focus on children’s rights. In paragraph 3, the development of the Directive and its drafting process will be touched upon, before turning to the content of the Directive. In paragraph 4, four key issues are identified and analysed in more detail in order to come to a better understanding on how to implement these particular rights in practice.
In this White Paper, the Directive will be analysed in order to identify key issues for its effec... more In this White Paper, the Directive will be analysed in order to identify key issues for its effective implementation. This paper is drafted on the basis of the discussions that took place at the 5th Meeting of the European Council for Juvenile Justice (ECJJ) that took place in February 2017 in Valencia. At this meeting experts of the Council were consulted on the implementation of the Directive in national laws and practice. In paragraph 2, the context of EU law will be sketched out, with a particular focus on children’s rights. In paragraph 3, the development of the Directive and its drafting process will be touched upon, before turning to the content of the Directive. In paragraph 4, four key issues are identified and analysed in more detail in order to come to a better understanding on how to implement these particular rights in practice.
European Journal of Crime, Criminal Law and Criminal Justice, 2018
In this article the development and background of the Directive on procedural safeguards for chil... more In this article the development and background of the Directive on procedural safeguards for children who are suspects or accused persons in criminal proceedings is sketched out. Two key rights are reflected upon: the right to legal assistance and the right to other appropriate assistance. The main challenge with regard to the implementation of the right to legal assistance is the possibility of member states to derogate from this right on the basis of the circumstances of the particular criminal case(s) involving the child. The right to legal assistance is contingent upon the proportionality clause that has been built in the Directive and therefore legal assistance is not guaranteed for every child suspect or accused. The right to other appropriate assistance is given separate attention in the Directive, which strengthens the child’s legal position and his support during the proceedings.
This report describes and examines the existing body of international and European law relevant t... more This report describes and examines the existing body of international and European law relevant to children's rights in the field of biology and medicine (henceforth: biomedicine). This is a topical issue given the rapid developments in this area and the far-reaching implications biomedical research and new forms of treatment can have on the rights of children. 1 It is generally thought that the health and well-being of children-as well as others-can immensely benefit from the advances made in the domain of biomedicine, but at the same time there is considerable concern about its potential adverse effects on children and their rights. 1 To guide its work on children's rights, the Council of Europe has adopted a strategy on the rights of the child; Council of Europe, 'Strategy for the Rights of the Child (2016-2021)', (2016). The strategy can also benefit actions related to biomedicine and children, see p. 19.
T. Morag, Y. Sabag., D. Zlotnik Raz, T. Arazi, 'Ensuring Children and Youth's Rights during COVID... more T. Morag, Y. Sabag., D. Zlotnik Raz, T. Arazi, 'Ensuring Children and Youth's Rights during COVID-19 in light of the UN Convention on the Rights of the Child', Medicine and the Law (Refua veMishpat) 53, 2021 (in Hebrew).
T. Liefaard, A. Hendrix & D. Zlotnik, 'From Law to Practice; Towards a Roadmap to Strengthen Chil... more T. Liefaard, A. Hendrix & D. Zlotnik, 'From Law to Practice; Towards a Roadmap to Strengthen Children's Rights in the Era of Biomedicine. Commissioned by the Committee on Bioethics (DH-BIO) of the Council of Europe. https://rm.coe.int/leiden-university-report-biomedicine-final/168072fb46
M. Bruning & D. Zlotnik, 'Cooperation and the Right of Child Abuse Victims to Protection and Heal... more M. Bruning & D. Zlotnik, 'Cooperation and the Right of Child Abuse Victims to Protection and Health: Lessons from the Netherlands. Published in 'Children's Rights in Health Care' (Editors: J. H. H. M. Dorscheidt & J. .E Doek), Brill Nijhoff.
Have we Learned our Lesson and Can We Save the Next Child? Information-Sharing between Government... more Have we Learned our Lesson and Can We Save the Next Child? Information-Sharing between Governmental Authorities and Changes since the Winter Committee Report (in Hebrew).
Written by Daniella Zlotnik Raz and Carmit Polak-Cohen. Published in 'Nekudat Mifgash' Journal of the Haruv Institute, vol. 14, 2018. https://user-1723486.cld.bz/haruv-nekudat-mifgash-14
All about the Angles: Protecting Children using Cameras in Day Cares in Israel (In Hebrew). Wr... more All about the Angles: Protecting Children using Cameras in Day Cares in Israel (In Hebrew).
Written by Daniella Zlotnik Raz and Carmit Polak Cohen. Published in 'Nekudat Mifgash' Journal of the Haruv Institute, Vol. 19, 2020. https://user-1723486.cld.bz/haruv-nekudat-mifgash-19/65/
Juvenile Rehabilitation and Reentry following Imprisonment: Literature Review (in Hebrew). The... more Juvenile Rehabilitation and Reentry following Imprisonment: Literature Review (in Hebrew).
The research was written by the National Council for the Child (NCC) (writers: Daniella Zlotnik Raz and Vered Windman) with the support of Government - Civil Society Initiate and the Joint.
The International Journal of Children's Rights, 2023
Recent years saw significant developments concerning the role of children in the political contex... more Recent years saw significant developments concerning the role of children in the political context. Yet, children today remain excluded from meaningful political influence, and children’s enfranchisement stands as a main point of contention. The article posits the UN Convention on the Rights of the Child (CRC) as a decisive legal and theoretical basis for conceptualising children’s political rights, political participation
and voting. It explores key CRC provisions that relate to children in the political context and analyses the UN Committee on the Rights of the Child’s (CRC Committee) work to map what exists and what remains missing and under-developed in this discussion. Specifically, the article elaborates on the right to be heard, revealing the CRC Committee’s evolutive interpretive approach concerning its implementation in
the political context. The article also focuses on children’s enfranchisement, exploring the CRC’s potential to advocate for lowering the voting age from a child rights-based perspective.
European Journal of Crime, Criminal Law and Criminal Justice, 2018
In this article the development and background of the Directive on procedural safeguards for chil... more In this article the development and background of the Directive on procedural safeguards for children who are suspects or accused persons in criminal proceedings is sketched out. Two key rights are reflected upon: the right to legal assistance and the right to other appropriate assistance. The main challenge with regard to the implementation of the right to legal assistance is the possibility of member states to derogate from this right on the basis of the circumstances of the particular criminal case(s) involving the child. The right to legal assistance is contingent upon the proportionality clause that has been built in the Directive and therefore legal assistance is not guaranteed for every child suspect or accused. The right to other appropriate assistance is given separate attention in the Directive, which strengthens the child's legal position and his support during the proceedings.
In this White Paper, the Directive will be analysed in order to identify key issues for its effec... more In this White Paper, the Directive will be analysed in order to identify key issues for its effective implementation. This paper is drafted on the basis of the discussions that took place at the 5th Meeting of the European Council for Juvenile Justice (ECJJ) that took place in February 2017 in Valencia. At this meeting experts of the Council were consulted on the implementation of the Directive in national laws and practice. In paragraph 2, the context of EU law will be sketched out, with a particular focus on children’s rights. In paragraph 3, the development of the Directive and its drafting process will be touched upon, before turning to the content of the Directive. In paragraph 4, four key issues are identified and analysed in more detail in order to come to a better understanding on how to implement these particular rights in practice.