National Repository of Grey Literature 111 records found  1 - 10nextend  jump to record: Search took 0.01 seconds. 
The Right to Education of Members of Ethnic Minorities in the European System of the Human Rights Protection
Kalenská, Petra ; Bílková, Veronika (advisor) ; Šturma, Pavel (referee) ; Bayerová, Monika (referee)
v anglickém jazyce The thesis deals with the right to education in the European system of the protection of human rights. It examines theoretical approaches to judicial protection of the right to education. It compares the right to education in the European system of the protection of human rights with the United Nations' human rights protection and the human rights protection system with the system of the Organization of American States. The thesis shows the development of the right to education through the general commends and recommendations and views of the UN human rights committees and through judgments of the European Court of Human Rights. The thesis analysis six cases of violation of the right to education of ethnic minorities, namely the D.H. and Others v. the Czech Republic, Sampanis v. Greece, Oršuš v. Croatia, Sampani v. Greece, Horváth and Kiss v. Hungary and Lavida v. Greece. These cases show that the judgment of the European Court of Human Rights stating the violation of the right to education and the award of the symbolic just satisfaction are not sufficient for the effective protection of the right to education of ethnic minorities. The paper shows that violation of the right to education of ethnic minorities are always related to racial discrimination. This fact must be taken...
The "unwilling or unable" doctrine and the right of self-defence against non-state actors
Syvulja, Nela ; Bílková, Veronika (advisor) ; Honusková, Věra (referee)
The "unwilling or unable" doctrine and the right of self-defence against non- state actors ABSTRACT For several decades, the fight against international terrorism has been a major challenge for the entire international community. States try to fight these non-state actors in various ways. One of them is trying to neutralize a non-state actor in the territory of the state in which this actor has settled and from which he is preparing and coordinating his attacks. States often invoke the right to self-defense in the case of such actions, stating that the state in whose territory the non-state entity is located is unable or unwilling to deal with it on its own. This paper is devoted to the right to self-defense against non-state actors and the emerging doctrine of "unwilling or unable". The paper is divided into an introduction, four main chapters and a conclusion. The first chapter is devoted generally to the prohibition of the use of force and the threat of force. The second chapter deals with the right to self-defense. First, attention is paid to the right to self-defense in general, where an armed attack is discussed in more detail. Subsequently, a restrictive and extensive approach to the right to self-defense is presented. Attention is then paid more to the preemptive and preventive self-defense and the...
Foreign Fighters and the Challenges Associated with their Criminal Accountability
Richterová, Anna ; Bílková, Veronika (advisor) ; Šturma, Pavel (referee) ; Ditrichová, Petra (referee)
Foreign Fighters and the Challenges Associated with their Criminal Accountability JUDr. Anna Richterová The presented thesis focuses on the phenomenon of foreign fighters - a topic that has been for years appearing not only on cover pages of newspapers, but it is mainly a frequent subject of legal discussions and new legislations. The major reason is the connectivity of this phenomenon with the terrorism. The aim of this work is a comprehensive charting/analysing and elucidating of questions who the foreign fighters are, what their status is in the framework of the international law and what the possibilities of their criminal accountability are. In the general part, the work introduces and refines the concept of foreign fighters and foreign terrorist fighters. It offers both the historical and modern perspective of the participation of persons in armed conflicts abroad. It is followed by presenting the modern efforts to define the term of foreign fighters and explaining why the phenomenon of the foreign fighters and the measures against them are not new. The work also outlines the motivation of people to leave and fight in remote parts of the world. Legislative measures concerning foreign terrorist fighters on the universal and regional level are discussed in detail. The age-old effort to adopt a...
The causes of systemic sexual violence in the armed conflict in the Democratic Republic of Congo
Svobodová, Karolina ; Karásek, Tomáš (advisor) ; Bílková, Veronika (referee) ; Werkman, Kateřina (referee)
Karolina Svobodová The Causes of Sexual Violence in the Armed Conflict in the DRC abstract My dissertation thesis (The Motivations of Sexual Violence in the Democratic Republic of the Congo) is a case study of sexual violence in armed conflict in the DRC examining and analysing the causes of its intensity and extent. The main research questions of the study are: - What are the causes of the systematic sexual violence in the armed conflict in the DRC? - Why sexual violence in the armed conflict in the DRC occurs in the large extent and with high intensity? The research theoretically stems from the constructivism as one of the three main scientific approaches to sexual violence in armed conflicts. Since the constructivism presents male and female identities as social constructs, it seems as the best approach to sexual violence where gender of victims and perpetrators is often generalized by supporters of essentialism. Hence, the inherent neutralism of constructivism makes it very suitable instrument for an empirical research. Further, the study works with combination of feminism, cultural anthropology, and feminist evolutionary psychology in the construtivist framework. This blend may seem incoherent but it allows a complex insight into the issue of sexual violence in the DRC and an interpretation of its...
The Application of the Due Diligence Principle in Cyberspace
Botek, Adam ; Bílková, Veronika (advisor) ; Lipovský, Milan (referee)
The due diligence principle is a well-established general principle of international law. The adequacy of its use proved in many special regimes of international law, especially in international environmental law. Cyberspace is another regime where the application of the due diligence principle is desirable. An adequate application of the due diligence principle might mitigate the problem of attribution of cyber operations and help in denying safe havens of non-state actors, who conduct malicious operations in cyberspace. The adequacy of the application of the due diligence principle in cyberspace is further indicated by the results of discussions in international fora and by the emerging trend of support of the application in official declarations of States on the application of international law in cyberspace. The thesis further suggests how the due diligence principle should be applied by introducing three elements that trigger the due diligence obligation and three possible adjustments to them. It also identifies the essence of some controversial aspects of the application of the due diligence principle and introduces cyber- specific considerations for the determination of breaches of the due diligence obligation and evaluation of lawfulness of responses to the breach, which consist of acts of retorsion...
Freedom of expression of the media: Comparison of case law of the European Court of Human Rights and the Inter-American Court of Human Rights
Davidová, Barbora ; Tymofeyeva, Alla (advisor) ; Bílková, Veronika (referee)
The diploma thesis deals with regional protection of freedom of expression with focus on the media. The aim of the thesis is to carry out a comparative analysis of the relevant regional documents concerning human rights protection and particularly of the selected case- law of the European Court of Human Rights and the Inter-American Court of Human Rights regarding freedom of expression of the media. I will find out where the differences or, on the other hand, the similarities of the courts' approaches to a different topics are. The thesis is divided into three parts. The first, introductory part deals with the theoretical grounding of the media and the issue of media freedom of expression from the perspective of historical development and international law. The second part focuses on protection of the freedom of expression of the media within two regional systems of human rights protection: the European and the Inter-American systems. With the help of Czech and foreign reference literature, both regional human rights protection systems are presented in separate subchapters, focusing at first on the procedural aspect - on the questions of who can claim the protection, from which authority and in what way; and whether a journalist himself, or perhaps a media owner, who believes their right to freedom...
Application of international humanitarian law on cyber military engagement
Surá, Kateřina ; Bílková, Veronika (advisor) ; Faix, Martin (referee)
Application of international humanitarian law on cyber military engagement The subject of interest of this master thesis with the name Application of international humanitarian law on cyber military engagement is a critical assessment of possible applicability of the contemporary norms of international humanitarian law in cyber space. War-like activities in cyber space are unfortunately nowadays reality, therefore it is more than desirable to subject this thesis about the applicability of the international humanitarian law, which is hold by the majority of the international community, to the real analysis. The research question is not only whether international humanitarian law is applicable on cyber military engagement but also into what extent. The master thesis consists, except for introduction and conclusion, of four chapters. The first chapter is focused on fundamental characterization of international humanitarian law and brief development with a special focus on the development of warfare as a prerequisite to the militarization of cyber space. The following chapter defines concepts connected with cyber space in order to be further used in accordance with those definitions. The main part of this master thesis is the analysis of the applicability of the fundamental principles of international...
"Sinking Islands" and the United Nations Security Council
Bruner, Tomáš ; Hynek, Nikola (advisor) ; Bílková, Veronika (referee) ; Karlas, Jan (referee)
Certain Small Island Developing States (hereinafter the "SIDS") such as Kiribati or Tuvalu are often incorrectly called "sinking islands" because their highest points are located just a few meters above the sea level. Sea level rise may turn their territories to uninhabitable land gradually disappearing beneath the tide. Worsening of the environmental conditions causes internal displacement, migration and other problems. SIDS repeatedly brought their plight to the United Nations Security Council (the "UNSC") during its meetings in 2007, 2011, 2015, 2018 and 2019. They demanded that the UNSC should deal with their situation as a potential security issue and safeguard more equal distribution of environmental security risks and costs. During the UNSC negotiations, various states attempted to interpret and re-interpreted the UNSC mandate in order to suit their interests. The representatives of SIDS suggested that the UNSC should be a body based on the principles of distributive justice decision-making and thus safeguard fairer sharing of threats and burdens, including those of environmental character. The rapidly developing states strongly opposed; they implicitly claimed that the UNSC should be based rather on the principles of commutative justice, i.e. decide in strictly given situations of violations of...
Legality of the intervention during Yemeni Civil War
Hambálek, Jiří ; Bílková, Veronika (advisor) ; Ondřej, Jan (referee)
LEGALITY OF THE INTERVENTION DURING YEMENI CIVIL WAR Abstract The main purpose of this paper is to answer the questuion, if the Saudi Arabian-led intervention code-named operation Decisive Storm in Yemen during Yemeni civil war in 2015 was in accordance with the international law, precisely in accordance with the ius ad bellum. To achieve this purpose, the paper is divided into three parts. The first one, represented by chapters 1-6, describes self-defence, armed actions of the Security Council under the chap. VII of the UN Charter, intervention by invitation, concept of the humanitarian intervention and R2P concept. The role of regional arrangements in peacekeeping is also mentioned. The second part, represented by chap. 7, contains a case study whose object is the beginning of the Yemeni civil war at the turn of the year 2014and 2015 between president Hadi forces supported by the Saudi Arabian-led coalition and the Houthi rebels. The chapter 7 contains a detailed summary of various political decisions, UN Security Council resolutions, battles and campaigns, including the operation Decisive Storm. The third part, chap. 8, is pointed on the question of legality of the intervention. Albeit the invitation by president Hadi, the legality of the intervention was questioned. This chapter contains an analysis of...
The term genocide in international law
Lukáč, Radovan ; Bílková, Veronika (advisor) ; Lipovský, Milan (referee)
According to the internation law, genocide is a crime commited by persons endowed with state power or is commited with knowledge of the state, violating important norms of international law. Thesis is analyzing term "genocide" since its birth. We owe coining of the term to Polish lawyer with Jewish heritage, Raphael Lemkin, who characterised it in year 1944 in hope, that it will help with prosecution and sentencing of nazi war criminals in Nurnberg. It, unfortunately, did not happen. Their were charged only with crimes against humanity and war crimes. Term "genocide" did not help to prove guilt of unlawful acts of the nazi clique against ethnic and national minorities, but tribunals have subsumed it under terms such as "extermination" or "mass killings". Only after the final judgements were passed and sentences carried out, was Convention on the Prevention and Punishment of the Crime of Genocide adopted in 1948. To call unlawful acts a genocide, subjective and objective element must be present. Subjective element requires special intent to destroy, in whole or in part a national, ethnic, racial or religious group. To fulfill objective element, one of the acts ennumerated in Article II of Genocide convention must be commited. Thesis is analyzing term "genocide" as characterised in Genocide...

National Repository of Grey Literature : 111 records found   1 - 10nextend  jump to record:
See also: similar author names
1 BÍLKOVÁ, Vanda
2 BÍLKOVÁ, Vendula
8 BÍLKOVÁ, Veronika
1 BÍLKOVÁ, Václava
2 Bílková, Vendula
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