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The Prohibition of Discrimination as a Legal Problem in the Case Law of the European Court of Human Rights
Dolejšová Kabelová, Kristýna ; Šturma, Pavel (advisor) ; Hubálková, Eva (referee) ; Hýbnerová, Stanislava (referee)
The Prohibition of Discrimination as a Legal Problem in the Case Law of the European Court of Human Rights JUDr. Kristýna Dolejšová Kabelová This dissertation thesis is focused on the examination of the prohibition of discrimination in the European system of the protection of human rights as based on the Convention for the Protection of Human Rights and Fundamentals Freedoms (hereinafter referred to it as the "European Convention"). The European Court of Human Rights (hereinafter referred to as the "European Court"), in its role as a component of this system of protection, acts as an international judicial organ that reviews individual applications concerning an alleged breach of the European Convention by a Member State. In the area of the protection of human rights such prohibition of discrimination is based on the fundamental principle of equality, and constitutes an integral part of all important international instruments for the protection of such rights, and of the modern national legal orders of states. Inevitably, however, the legal systems of modern-day states are built upon distinctions, categorizations and classifications inherent to their societies, creating unintentional opportunities for discrimination. The problem of the prohibition of discrimination consists in delimiting the...
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The International Court of Justice and its jurisdiction in contentious cases
Šindelková, Soňa ; Hýbnerová, Stanislava (advisor) ; Balaš, Vladimír (referee) ; Caban, Pavel (referee)
1 The International Court of Justice and its jurisdiction in contentious cases Abstract This doctoral thesis deals with jurisdiction of the International Court of Justice (hereinafter the " ICJ"") in contentious cases (or, in other words, its contentious jurisdiction). The ICJ works in the environment of international community in which the principle par in parem non habet imperium applies. Consequently, the ICJ's contentious jurisdiction is based on the consent of States parties to a dispute (principle of consent). The key questions dealt with in this thesis are the following ones. How does the law, practice of States and, in particular, jurisprudence of the ICJ cope with the specific features of the horizontal system of international law? Who can appear before the ICJ, and under what circumstances? More specifically, how does the ICJ adjudicate on its competence? What are the origins of the delimitation of the ICJ's jurisdiction and how has it evolved since hundred years ago? The contentious jurisdiction of the ICJ, the most important international court, is a legal concept of crucial importance. It originates and operates within certain frameworks such as historical, systemic and procedural. Its historical background and development are of particular relevance here. The mechanism was designed in 1921 and...
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International law aspects of violence against women
Dianišková, Eva ; Hýbnerová, Stanislava (advisor) ; Honusková, Věra (referee)
65 11. Resumé Mezinárodněprávní aspekty násilí na ženách The international legal aspects of the violence against women The theme of this thesis is concerning with the violence against women. There are three basic areas of violence against women: 1. the area of a humanitarian law 2. trafficking in women 3. discrimination against women The humanitarian law is connected with a status of women in an army conflict. An army conflict does not necessary need to take place in several countries. There is also a possibility of a national conflict. The basic international documents in this field are Geneva Conventions and Protocols to them. Presently almost all the states in the world are contract parties of these Conventions. In 2002 The Rome Statute of the International Criminal Court entered into force. International Criminal Court is the is the first permanent, treaty based, international criminal court established to help end impunity for the perpetrators of the most serious crimes of concern to the international community. This court, among other things, helps to women as victims of the violence to be better protected. Trafficking in women is a very actual theme. There are millions of girls and women all over the world who became victims of this type of human trafficking. This is an international, organized,...
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The European standard of protection of human rights and fundamental freedoms in connection with the ban on torture
Izmailova, Lyudmila ; Hýbnerová, Stanislava (advisor) ; Ondřej, Jan (referee)
The primary objective of this work is to provide a comprehensive view of the human rights protection system concerning the prohibition of torture, focusing specifically on its European regulation. On the way to fulfill this aim, the following three hypotheses were confirmed: the prohibition of torture is currently regulated at all levels of protection of human rights, namely the universal, regional and national levels; from a comparative perspective, the highest level of protection has been achieved within the European system; and the prohibition of torture has recently acquired a social dimension. This work provides a comprehensive view, of the prohibition of torture at present time, and analyzes the instruments and mechanisms created to date. The interpretation was put into historical context, which is highly important, not only because it provides an exhaustive insight into the regulation of this issue in different sources, but also because this approach helps to understand the regulation correctly and enables the interpretation and application of respective standards in an adequate manner. It also makes it possible to better predict future developments in this area. The most interesting part of this thesis is the section that questions whether the prohibition of torture and ill-treatment are...
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The international law position of child soldiers
Vrba, Jan ; Hýbnerová, Stanislava (advisor) ; Balaš, Vladimír (referee)
This work is devoted to international law, particularly humanitarian law and human rights with emphasis on international legal instruments governing the position of children serving in the armed forces. In this work are discussed various international conventions, as well as mechanisms for the protection of child soldiers. The first chapter defines the position of child soldiers and the specifics of their involvement in military conflicts. The decisive criteria for the involvement of children in government armed forces or non-state army is age. Furthermore there is described into more details the mechanism of conscription into the army. There is difference between voluntary and forced recruitment of child soldiers. The various international legal instruments are analyzed more in detail in chapter two. The issue of Child soldiers is addressed with both the rules of humanitarian law, specifically the Additional Protocols to the Geneva Conventions and Human rights conventions. Special attention is paid to the Convention on the Rights of the Child and its Optional Protocol on the Involvement of Children in Armed Conflict. Analyzed is the only regional convention addressing the problem of child soldiers -the African Charter on the Rights and Welfare of the Child. The issue of child recruitment is also...
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Access to an independent and impartial court as a fair trial guarantee under the European Convention on Human Rights
Tymofeyeva, Alla ; Hýbnerová, Stanislava (advisor) ; Hofmannová, Mahulena (referee) ; Jeřábková, Věra (referee)
Dissertation Abstract TYMOFEYEVA, A. Access to an independent and impartial court as a fair trial guarantee under the European Convention on Human Rights. Prague 2010. Dissertation thesis. Charles University in Prague. Law Faculty. International Law Department. Supervisor Doc. PhDr. Stanislava Hýbnerová, CSc. The paper discusses the right of access to an independent and impartial tribunal under the European Convention on Human Rights with a focus on compliance of legislation and judicial practice in Ukraine with the standards developed by the European Court of Human Rights in its case-law. In order to address this issue the first part contains an analysis of the term "right of access to a court" and its components. An analysis of the term "right of access to a court" in a sense of the European Convention shows, that it includes the following elements: 1) the right to institute the legal proceedings and, in certain cases, the right to appeal against a decision of an administrative body or a court; 2) the right to legal aid, including free legal assistance and exemption from the court's costs; 3) the right to hearing by an independent and impartial tribunal with full jurisdiction established by law; 4) the right to hearing and delivery of the court's decision within a reasonable time and 5) the right to...
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International protection of persons with health disabilities
Strnad, Jan ; Hýbnerová, Stanislava (advisor) ; Faix, Martin (referee)
International protection of persons with disabilities Summary The theme of this thesis is the protection of persons with disabilities under international law. In last decades there have been a dramatic shift in the perception of disability. It has changed from medical approach to the social model of disability, which is closely connected with the human rights perspective on the "disability rights". This paradigm shift has culminated in adoption of the United Nations Convention on the rights of people with disabilities. Violating of their human have several forms and is spreaded all over the world. Nevertheless, the number of them is still growing. According to the WHO estimations about 15 % of world population live with some form of disability and most of them in developing countries in the condictions of the lack of elementary resources and support. Relation between disability, discrimination, poverty nad social exclusion is thus more than clear. On the other hand, people with disabilities definitely do not present any kind of homogeneous group. Diversity of people with disabilities brings a serious challenge in the various forms of obstacles and barriers preventing them from full and equal enjoyment of their human rights and thus a wide range of measures necessary to eliminate them. The aim of this work...
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