National Repository of Grey Literature 105 records found  1 - 10nextend  jump to record: Search took 0.01 seconds. 
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...
Slavery and its modern aspects
Kokešová, Lucie ; Hýbnerová, Stanislava (advisor) ; Honusková, Věra (referee)
1 Abstract Slavery and its modern aspects This diploma thesis deals with the current and controversial topic. Aim of this thesis is to put attention to the speeches, forms and incredible frequency of modern slavery - phenomenon that would be at first glance wrongly seen as just historical issue. First chapter of the thesis speaks about historical excursion of slavery. Because of the limited scope is history focused on the main areas of ancient Greece and Rome, the area of the American continent with its huge business of African slaves, the period of Second World War and finally on the brief history at Czech territory. After the historical chapter is focus stressed on theoretical presentation of the problem - the nature of this phenomenon. Slavery is especially considered as part of International Guardianship of Human Rights. Theoretical part is followed by examples of most frequent real forms of modern slavery. These forms include sexual slavery and human trafficking, forced labor, forced marriage and child slavery as probably the most serious form of modern slavery. Chapter about international regulation of slavery is divided into few parts. After a brief history of the international perception of the slavery is attention paid to the general international law, then the law concerning the protection of...
The Position of the Child in International Documents
Kollerová, Alexandra ; Hýbnerová, Stanislava (advisor) ; Bayerová, Monika (referee)
Children's rights and protection principles are today's current issue which is becoming increasing public interest. The rigorous thesis, as is already clear from its title, deals with children's rights in international documents. As a goal of the thesis is the analyse of the children status and its protection in areas which are problematic and need a deeper investigation. Specific areas are divided into individual systematic chapters which are interlinked. The special emphasis is (put) on child soldiers in the world and individual international instruments which are providing the protection of them. The rigorous thesis deals with the relation between international humanitarian law, international conventions, European conventions and children's rights. The thesis is divided into five chapters and those are divided into several subsections. The first part of the thesis deals with the Convention on the Rights of the Child, especially the article one, three and thirty-eight. The thesis continues by the analyse of the phenomenon of child soldiers, which is the aim of the work, and trafficking of human beings and sexual exploitation. The last chapters deal with the United Nations, the Committee on the Rights of the Child and humanitarian law and also protection of children's rights in the documents of...
International law protection of human rights in the field of the environment
Bláhová, Barbora ; Hýbnerová, Stanislava (advisor) ; Lipovský, Milan (referee)
The aim of this diploma thesis is the analysis of the connection between the protection of human rights to environment of the certain quality and the protection of the environment itself. The diploma thesis is divided into three chapters. The first chapter is focused on theoretical basis of the topic, especially the relation between two areas of law - international environmental law and human rights law, concerns advantages and disadvantages of the approaches to this topic, and definitions of the most important terms, including different use of these terms by the individual authors. The second chapter outlines the evolution of these rights in the hard law and soft law universal international agreements with the overlap into the regional systems of human rights protection. The first part of this chapter relates to the documents about substantive rights and the second part examines the procedural documents with special reference to the Aarhus Convention. The third chapter analyzes the case law of the European Court of Human Rights in detail; this chapter is divided into three parts. The first one contains the explanation of the common features of decisions connected to the protection of environmental human rights. The second one describes the evolution of environmental case law connected to the...

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