National Repository of Grey Literature 108 records found  1 - 10nextend  jump to record: Search took 0.01 seconds. 
The Rights of a Child in International Documents in Juvenile Justice
Pham, Minh Tra ; Bayerová, Monika (advisor) ; Hýbnerová, Stanislava (referee)
Upholding the International Rights of Children in Conflict with the law Abstract Children in conflict with the law are a particularly vulnerable group. This vulnerability results from their specific status as children as well as their contact with the justice system. Generally, children are vulnerable due to their frequent dependence on adults and societal views that children are subordinate to them. When children, who are already vulnerable due their status, come into contact with the criminal justice system, their rights are at further risk for violation. However, even in these situations, the child is still a fully-fledged bearer of his or her rights and can claim protection and fulfillment thereof. Therefore, each state should ensure adequate protection for children in conflict with the law thus respecting its obligations stipulated in international law. Many binding and non-binding documents were adopted by various bodies within the United Nations (UN). Taken together, these documents form the international legal standards and norms on which the international juvenile justice framework is based. This year, the United Nations Convention on the Rights of the Child of 1989 (UNCRC), which is considered to be the most important document informing the international juvenile justice framework, celebrates its...
The Status of Non-governmental Organizations in International Law
Příhoda, René ; Balaš, Vladimír (advisor) ; Honusková, Věra (referee) ; Hýbnerová, Stanislava (referee)
The Status of Non-governmental Organizations in International Law Abstract Non-governmental Organizations and particularly International Non-governmental Organizations are important players in international relations as well as other stakeholders like States, International Governmental Organizations and Supranational Corporations. Each of these actors has a unique role in international relations, but the role of these actors can overlap each other. Where the interests of these entities overlap, the interaction between actors takes the place. The aim of this thesis was the historical evaluation of the status of International Non- governmental Organizations till the present, settle up with the theoretical basis of legal doctrine on international legal subjectivity and the classification and division of International Non-governmental Organizations. Another objective of the thesis was the definition of individual actors of international relations and embracing of organizations "sui generis" and the most important non-governmental organizations from different sectors and (by using a uniform methodology) compare these organizations and theirs influence on the international public law. In the next part, the thesis pursued with the extraction of statistical data and their placement into the historical context,...
Child Soldier in International Law
Kučerová, Zuzana ; Hýbnerová, Stanislava (advisor) ; Honusková, Věra (referee)
Zuzana Kučerová: Child Soldier in International Law Abstract This thesis deals with child soldiers from the perspective of the international law. It is predominantly concerned with two questions: protection of children from recruiting and their possible criminal responsibility for international crimes. After a short introductory chapter, which covers a brief history of child soldiers, the second part gives an overview of international legal instruments which aim at preventing the underaged from being recruited into armed groups, as well as from taking part in hostilities. Those instruments belong to three different branches of international law: humanitarian law, human rights law and international criminal law. The author concludes that international criminal law in particular is the best instrument to protect children from becoming child soldiers. The reason is that international criminal law applies directly to individuals, including non-state actors such as commanders of paramilitary forces. It is also in force at the times when there is no armed conflict as defined by international humanitarian law. The third part of the work focuses on criminal responsibility of children for international crimes. The major question in this field is whether we can prosecute children for those crimes at all. On the one...
Compensation of victims of the most serious crimes
Penc, Lukáš ; Hýbnerová, Stanislava (advisor) ; Tymofeyeva, Alla (referee)
Title of the diploma thesis: Compensation of victims of the most serious crimes Abstract This diploma thesis deals with the compensation of victims of the most serious crimes in international law. These crimes present a violation of jus cogens and their consequence is erga omnes obligation. At the same time, it is extremely difficult to compensate these crimes from the reason of mass or systematic character of their committing. The goal of the thesis is to analyse its research questions and to respond to them. These research questions are contractual and also customary regulation of content of the responsibility duty, with emphasis on the question of whether it is possible to deem the compensation of victims of the most serious crimes as part of the responsibility duty of relevant subjects, mainly states, and furthermore, the question of which resources can serve to effective compensation of victims of the most serious crimes. The thesis is divided into four chapters, the first chapter deals with historical genesis of the responsibility for the most serious crimes and clarifies fundamental terms, whereas following chapters correspond to research questions of the thesis. The second chapter of the thesis analyses contractual and customary regulation of content of the responsibility duty. This analysis has...
Trust between states and the principle of mutual trust in international law
Šach, Matěj ; Honusková, Věra (advisor) ; Hýbnerová, Stanislava (referee)
Trust between states and the principle of mutual trust in international law This thesis focuses on the role of trust in international law. The main objective is to assess the position and use of trust between states and in relevant areas and institutes of international law. Another key objective is to clarify the function of the principle of mutual trust. The thesis core is divided into three research areas. The first one aims to describe the use of principle of mutual trust and its application in international and European law. It addresses the question of who should carry the risk of trust. It concludes that the state which puts trust in another state should bear all the risks associated with it. The second area discusses confidence-building measures which are theoretically analyzed and further explored in the context of the current events of the ongoing Russian-Ukrainian conflict that started in the year 2014. The purpose of this section is to ascertain how trust is created between states, whether confidence-building measures are effective and what they bring into international law. The aim of this chapter is to ascertain how trust is created between states, whether confidence-building measures are effective and what they bring into international law. The author believes that trust between...
Compensation of victims in the context of peace operations of international organizations
Bártová, Tereza ; Honusková, Věra (advisor) ; Hýbnerová, Stanislava (referee)
This thesis deals with the protection of children in international refugee law. The status of a person seeking international protection under international law is primarily regulated by the Convention Relating to the Status of Refugees. However, this Convention does not expressly address the specific situation of the child asylum seeker. By adopting a binding Convention on the Rights of the Child (CRC), the broad catalogue of basic civil, political, economic, social and cultural rights of children has been confirmed. It includes the right of a child seeking international protection to obtain the necessary protection and humanitarian assistance when the child wants to exercise its rights under the CRC or other conventions of international law of human rights. CRC includes, inter alia, four fundamental principles, the elimination of discrimination, the right to life, survival and development, respect for the child's position and the principle of the best interests of the child. The goal of this thesis is to determine whether and how the position of the child seeking international protection under the international refugee law has been influenced by the CRC and by the principle of the best interests of the child. The thesis is divided into four chapters, the first two chapters deal with the historical...
Sexual Exploitation and Abuse by UN Peacekeepers
Králik, Ján ; Šturma, Pavel (advisor) ; Hýbnerová, Stanislava (referee) ; Faix, Martin (referee)
The thesis provides legal analysis of sexual exploitation and abuse by UN peacekeepers with particular focus on military members of national peacekeeping contingents. It provides brief survey of peacekeeping operations thereby underlying their importance in the contemporary activities of the UN and describing factors that have caused or might led to sexual exploitation and abuse by UN peacekeepers. Furthermore, UN action towards those acts is described and it is also evaluated whether such steps are successful, sufficient and whether more could have been done or what more can be done in the future. A part is also dedicated to international humanitarian law perspective and international human rights law. In this context, the author tries to answer the question if and when the sexual exploitation and abuse by members of national peacekeeping contingents while deployed to a UN peacekeeping mission may constitute war crimes or crimes against humanity and whether there is a role to play by International Criminal Court. In the same vein, issues of extraterritorial application of human rights treaties are discussed. The question of international responsibility is the central topic of this thesis. Apart from individual responsibility of members of national peacekeeping contingents for acts of sexual...
Ban on racial discrimination in international law and its application in the legal order of the Czech Republic
Pačesová, Martina ; Hýbnerová, Stanislava (advisor) ; Honusková, Věra (referee)
This thesis deals with the ban on racial discrimination and protection against it in international law and its application in the legal order of the Czech Republic. The aim of this study was to examine the provisions prohibiting racial discrimination and mechanisms of protection against racial discrimination established by various conventions on the international and European level and the status of implementation of these commitments in the legal order of the Czech Republic and their implementation. The work is divided into six chapters; the issue itself is divided into four. In the second chapter thesis provides a definition of basic terms such as equality and its subdivisions, equal treatment, discrimination, its forms and discriminatory law and how the very nature of this work is apparent as well as the terms of race, racial discrimination, racial segregation and violence. In third and fourth part are introduced systems of protection against racial discrimination in the United Nations, the Council of Europe and the European Union. The fifth chapter is concerned with Czech legislation, the process of application of the ban on racial discrimination into the Czech legal order, on the constitutional level as well as on the level of laws, which also outlines the procedural particularities of the...
International law aspects of violence against women
Minaříková, Martina ; Hýbnerová, Stanislava (advisor) ; Honusková, Věra (referee)
- RESUMÉ Mezinárodněprávní aspekty násilí na ženách The international legal aspects of the violence against women The main purpose of my thesis is to describe basic legal instruments which regulates area of violence against women and analyse a development of a legal regulation adopted by regions and whole international community. Minor purpose of this thesis is to evaluate possible connection between violence against women and religion. Violence against women is still everyday problem in each part of the world. The thesis is composed of six principal chapters. Chapter one describes basic forms of violence against women which are determined by Declaration on the Elimination of Violence against Women, since 1993. The Declaration defines Violence against Women as "any act of gender-based violence that results in, or is likely to result in, physical, sexual or psychological harm or suffering to women, includin threats of such acts, cercion or arbitrary deprivation of liberty, whether occuring in public or in private life." Chapter two presents several areas which are specific for the violence against women and also demonstrates basic legislations adopted in each area. These areas are international humanitarian law, which includes Geneva Conventions and general section of human rights including women...
Option Protocol to the Convention on the Elimination of All Forms of Discrimination against Women
Šmejkalová, Eleanor ; Hýbnerová, Stanislava (advisor) ; Faix, Martin (referee)
RESUMÉ IN ENGLISH ENGLISH TITLE OF THE THESIS: OPTIONAL PROTOCOL TO THE CONVENTION ON ELIMINATION OF ALL FORMS OF DISCRIMINATION AGAINST WOMEN The thesis is concerned with the Optional Protocol to the Convention on Elimination of All Forms of Discrimination against Women (adopted in 1999 and entered into force on December 22nd, 2000). This international treaty offers women two significant mechanisms to protect their rights - the possibility to submit an individual communication to the Committee on Elimination of Discrimination against Women against a State Party to both the Convention and the Protocol and the competence of the Committee to carry out investigations into grave and systematic violations of rights set out in the Convention. The first chapter focuses on the context of and reasons for the adoption of the Protocol. Firstly, the CEDAW, its origins and implementation mechanisms are introduced. The need for an optional protocol clearly arose from the insufficiency of the protection mechanisms enshrined in CEDAW itself in the quest of protection of women in their everyday encounters with discrimination. The chapter describes the new implementation mechanisms introduced by the Protocol. Furthermore, the second and third chapters compare the protection mechanisms laid down in the Protocol and similar...

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