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Euthanasia
Taschnerová, Lucie ; Císařová, Dagmar (advisor) ; Sovová, Olga (referee)
Euthanasia was and still is one of the most controversial topics. It is a complex problem that involves religious, moral, medical and legal aspects. My thesis is focused on euthanasia in relation to the law. The aim of the thesis is to analyse the issue of euthanasia from the perspective of legislation in the Czech Republic. The thesis consists of five chapters. The first chapter contains introduction to the topic of euthanasia. The second chapter is devoted to the definition of term euthanasia. Euthanasia is a word of Greek origin ("eu"- good and "thanatos"- death). Its meaning is good, beautiful or merciful death. Nowadays the term is used in the sense of intentionally termination of life on request to relieve pain and suffering. This chapter also includes the definition of forms of euthanasia. The third chapter is focused on euthanasia in the sense of killing on request. In this meaning, euthanasia has never been explicitly regulated in the Czech Republic. But it does not mean that the issue of legislation of euthanasia is not actual. This chapter is subdivided into the three parts. The first part is about history of legislation of euthanasia. The second part is concentrated on legal classification of euthanasia according to the Czech Penal Code. The last part contains the ideas de lege ferenda....
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Duty of confidentiality in healthcare providing in light of criminal law
Veselá, Zuzana ; Sovová, Olga (advisor) ; Císařová, Dagmar (referee)
Deutsches Resümmé Die vorliegende Diplomarbeit befaßt sich mit der Schweigepflicht von Angestellten des Gesundheitswesens der Tschechischen Republik. Der Schwerpunkt liegt dabei bei der Erfassung der Verantwortlichkeit im Strafrecht der Tschechischen Republik. Diese Diplomarbeit gliedert sich in 7 Kapitel. Die Einleitung befaßt sich mit der Erklärung der Grundbegriffe und gibt einen kurzen Überblick über historische und territoriale Zusammenhänge. Im darauffolgenden ersten Kapitel werden die Rechte der Patienten, sowie deren gesetzlicher Schutz behandelt. Das zweite Kapitel erörtert die rechtlichen Grundlagen in der Tschechischen Republik, wie auch die internationale Rechtslage. Das dritte Kapitel widmet sich den Subjekten der Schweigepflicht. Im vierten Kapitel versuche ich den Umfang der Schweigepflicht abzugrenzen. Das fünfte Kapitel behandelt Ausnahmen hinsichtlich der Schweigepflicht im tschechischen Gesundheitswesen. Der Schwerpunkt dieser Diplomarbeit wird im sechsten Kapitel erörtert: die Rechtsverantwortlichkeit von Angestellten des Gesundheitswesens bei einer Verletzung der Schweigepflicht. Hierbei lege ich die Betonung auf die im Strafrecht festgelegte Rechtsverantwortlichkeit. Das letzte Kapitel widme ich Überlegungen de lege ferenda, die sich auch auf andere Fragen dieser Problematik beziehen....
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Euthanasia and its legislation
Mika, Daniel ; Císařová, Dagmar (advisor) ; Sovová, Olga (referee)
The aim of this thesis is the analysis of domestic legislation affecting euthanasia and analysis of such adjustments abroad. The author questions the appropriateness of such adjustments in the Czech Republic. The current legal regulation does not regulate euthanasia in any way, and so the adoption of such regulation is appropriate. Domestic experts criticize this fact for a long time. In the first part the author deals with the most comprehensive definition of the subject of euthanasia and its development abroad and, particularly, in the Czech Republic. Other parts, using the historical-empirical methods, deal with the legal arrangements and their analysis in the Benelux countries, where the euthanasia is legal under certain given conditions. They describe not only the current treatment, but also the path that led to it. In the last section the author assesses the non-legal aspects of euthanasia and outlines two basic directions, which the domestic legislation could take in the future.
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Protection of a human foetus
Sůvová, Zuzana ; Císařová, Dagmar (advisor) ; Sovová, Olga (referee)
Protection of a human foetus The aim of this thesis is to deal with the protection of the human foetus in the scope of the Czech legal environment as well as in the relation with the international law. The work provides the insight into the specific law areas as constitutional law, criminal law and also private law and deals with the specific rules contended in the single act as the Interruption of the pregnancy act and the new Specific medical services act. The substantial part of the legal discussion is supported by examination of the decisions of the courts both international and national which reflect the protection of human foetus. The thesis focuses on the protection of human foetus in its complexity and shall provide the comparative material which compares the protection of the human foetus within the specific law disciplines. The analysis of single legal problems and issues of the protection of the human foetus is not exhaustive and focuses on the protection and state of the human foetus in specific statutes. The protection of the human foetus represents quite discussable issue which provides a large number of questions to be answered and leads to the discussions which are reflected in this work. The key issue is researched under the actual conditions of the legal system and also with the...
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Death penalty
Pilát, Matěj ; Císařová, Dagmar (advisor) ; Novotný, Oto (referee)
Capital Punishment Abstract This paper is aimed at the capital punishment and its usage in modern society. The basic question examined is, whether death penalty can ever be justified as a tool to fight the most heinous crimes. In order to determine the answer this question, I am examining the capital punishment from the point of view of possible functions it can have and weighting it against inherent risks and harms created by it. The first chapter of this thesis is based on description. Firstly it shows the history of using the capital punishment in the area of Czech Republic; secondly I describe the usage around the world - mainly in USA, China and Middle East. Lastly I analyze international law concerned with capital punishment - namely International Covenant on Civil and Political rights and European Charter of Human rights, optional protocols to them and of course court decisions regarding these treaties. The second chapter is aimed at evaluating the possible benefits that using of capital punishment can have - especially when compared to life imprisonment. It is divided according to these functions, which are deterrence of potential criminals, protection of the society from sentenced criminals and the retribution for the crimes committed. In the end I find no clear benefit that executing of felons...
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Protection of human foetus
Holub, Adam ; Císařová, Dagmar (advisor) ; Sovová, Olga (referee)
Protection of human foetus - summary The thesis gives a detailed analysis of the extent and standard of protection of the human foetus in the Czech legal system, concentrating on the aspects of criminal law. In the introductory part it presents a brief chronological survey of the synopses of the most significant instruments which constitute the subject of the thesis. The legal institutions concerned are - in the minimum necessary extent - put in the context of several key international agreements, with the emphasis laid on the provisions of the Convention on Biomedicine whose concept significantly influenced that of the Czech medical law. Also the role of civil law and its connection - both as regards the terminology and content - with the other relevant provisions of the legal system are briefly mentioned in the third chapter. However, the thesis focuses mainly on criminal law and therefore its greatest part is concerned with the means by which criminal code guarantees the protection of human foetus. Not only does it give a survey of selected criminal offences and their matters of issue, but it also underlines their connection with the provisions of the first part of the law in question as far as the interpretation and application are concerned. A brief separate chapter deals with the connection of...
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Legal status of a victim of domestic violence
Kasperová, Jana ; Císařová, Dagmar (advisor) ; Vokoun, Rudolf (referee)
The topic of my thesis is Legal Status of a Victim of Domestic Violence. It is devoted to domestic violence as a contemporary phenomenon and to the legal status of its victim. The purpose of the thesis is to analyse relevant Czech legislation and compare it with the real needs of a victim of such treatment. It attempts to give to the reader a comprehensive overview of this topic and also to suggest some amends aiming at better protection of the victim of domestic violence. The thesis consists of five chapters each of them dealing with different aspects of domestic violence and position of its victim. Chapter one is called The concept of a domestic violence: explanation and is subdivided into five parts. The first part deals with the definition of the concept and its elements. Part two lists kinds and forms of violent conduct. The third part points out the psychological consequences the victims of domestic violence may suffer from, such as the so called battered woman syndrome. Part four suggests that not only women may be victims of domestic violence and deals with selected specific aspects of situations when men, children or elderly people become victims of domestic violence. The last part of the first chapter is about victimization. Chapter two deals with the means of protection of a victim of...
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The Human Organ Transplantation Act - moral and ethical problems of its application
Novotná, Kateřina ; Císařová, Dagmar (advisor) ; Sovová, Olga (referee)
The Human Organ Transplantation Act - moral and ethical problems of its application This thesis deals with issues related to the applications of the Human Organ Transplantation Act. It is focused on the assessment of existing legislation regarding transplantation, the identification of problematical areas of transplantation law and the possibility of their correction. The thesis is divided into several parts. At the beginning it deals with the history and development of transplant medicine. It also contains a description of the current legislation and a brief summary of an international regulation. The main focus of the thesis is to analyze the deficiencies in Czech legislation and to emphasize the interdisciplinary nature of the transplant law. Finally, it analyzes the forthcoming amendment to The Human Organ Transplantation Act prepared by the Ministry of Health. The Human Organ Transplantation Act is a modern legislation respecting international commitments of the Czech Republic. Nature of the transplant legislation is given by its fundamental aspects the principle of presumed consent in connection with legally provided guarantee to respect disagreement expressed in accordance with law, the preference of a deceased donor prior to a living one, the principle of fairness in the allocation of...
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Disciplinary liability of health care professionals, relationship to criminal lability
Tomková, Kateřina ; Sovová, Olga (advisor) ; Císařová, Dagmar (referee)
The aim of this thesis called "Disciplinary liability of health care professionals, relationship to criminal liability" is to analyse and compare criminal and disciplinary liability in medicine and outline their relationship. Considering its topicality and interdisciplinary character, I found this matter to be very inspiring. Although the medical liability issue seems to be very popular and frequently discussed subject, there are some aspects and problems that need to be sorted out in order to provide the doctors with a minimal standard of legal certainity. The thesis is composed of five chapters, each of them dealing with different aspects of any kind of liability rising out of medical profession. First chapter is subdivided into four parts briefly describing civil, labour, administrative and contractual liability relating to medicine. Chapter two focuses on criminal liability of doctors and composes of eight parts. First two parts reffer to the risk of fault, that any doctor can cause, and the ultima ratio principle. Part three illustrates the conditions of criminal liability. Part four adressess the issue of circumstances excluding illegality in medicine. Part five and six present the nature of medical intervention and define the term of health care professionals. Part seven and eight deals...
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The Duty of Confidentiality in Health Care (Section 99 of Czech Criminal Procedure Code and other provisions)
Pilcová, Kateřina ; Sovová, Olga (advisor) ; Císařová, Dagmar (referee)
The Duty of Confidentiality in Health Care (Section 99 of Czech Criminal Procedure Code and other provisions) The aim of the thesis is to introduce the issue of medical confidentiality in Czech Republic. Although most stress is put on the connection with criminal law, the work also explains what medical confidentiality is and outlines some disputable points in this field as well as it further on mentions international treaties, statutes and other sources where the duty of confidentiality is incorporated. The thesis then shows medical confidentiality in connection with the matter of medical records and afterwards focuses on the exceptions when duty of confidentiality can legally be broken and finally a chapter is given to describe the questions of lability for breaching the duty of cofidentiality in health care where criminal law consequences and disciplinary consequences are described. All the matters are discussed in the light of the Health Services Act (372/2011 Coll.) which came into force on April 1, 2012.
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