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Tackling irregular forms of migration: irregular migrants in the European Union - do they enjoy the rights contained in the UN Migrant Workers Convention?
Babická, Karolína ; Hýbnerová, Stanislava (advisor) ; Scheu, Harald Christian (referee) ; Jeřábková, Věra (referee)
The UN Migrant Workers Convention (CMW) that provides for fundamental human rights for migrant workers and members of their families has been adopted in 1990. Until today, none of the EU Member States has signed or ratified it. The EU Member States argue that there is no need for them to accede to the CMW, as, inter alia, the rights contained in it are already secured by other international human rights instruments and in the EU legal instruments. Additionally to the claim of the CMW redundancy for the current EU legal framework, the Member States have several times repeated the fear that the ratification of the CMW could give irregular migrants more rights and increase irregular migration to the EU. Inspired by these two in fact contradictory arguments, this research aims to explore the scope of irregular migrants related human rights protection under international and European law and verify the basis of the EU Member states claims by comparing the scope of rights of irregular migrant workers in the EU with the standards embedded in the CMW. The main research questions posed are What human rights are the irregular migrants entitled to in the EU, based on international and European legal instruments? Is the CMW indeed redundant and unnecessary in the legislative framework of the European Union or is it...
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The position of victims of human rights violation in international law with a special regard to victims of serious violation of human rights and humanitarian international law
Kristková, Veronika ; Hýbnerová, Stanislava (advisor) ; Ondřej, Jan (referee) ; Jeřábková, Věra (referee)
Ph.D. Thesis ABSTRACT Mgr. Veronika Kristková, LL.M., 2013 Position of victims of human rights violations in international law with focus on victims of serious violations of human rights and international humantiarian law This work focuses within the broad theme of " Position of the victims of the human rights violations in international law" on victims of serious human rights violations and serious violations of international humanitarian law (hereinafter only serious violations). The author decided to focus on the victims of serious violations because the research revealed that while the rights of victims of human rights violations are in general relatively settled in theory as well in practice of international law, the rights of the victims of serious violations is an area, which raises several doctrinal questions, encountered rapid development in recent years and continues to develop. Analysis of the rights of the victims of serious violations necessary must be based on the rights of the victims of human rights violations in general, which serves as a baseline for the analysis of the rights of the victims of serious violations. Only in comparison with the general rights of the victims of human rights violations the specificities of the rights of the victims of serious violations stand up. First the work...
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Sexual violence against women in an armed conflict - the role of international criminal tribunals
Křivková, Helena ; Hýbnerová, Stanislava (advisor) ; Bayerová, Monika (referee)
- SEXUAL VIOLENCE IN ARMED CONFLICT - THE ROLE OF THE INTERNATIONAL CRIMINAL COURTS The purpose of this thesis is to describe the phenomenon of sexual violence against women in armed conflicts and to describe the influence of the international criminal courts in understanding of this phenomenon. Sexual violence appears in almost every armed conflict. Until the establishment of the international criminal courts in the ninetees the issue of sexual violence against women in armed conflict was overlooked. The prohibition of such treatment was existing, for example The Hague Convention or The Geneva Convention, however no efficient sanction mechanism to punish the perpetrators was existing. The violence against woman was moreover understood as her honour attack without any consequences for the community and the society as a whole. It was a private crime. Mass violation of the human rights in the area of Former Yugoslavia and Rwanda made the United Nations to begin with prosecuting and punishing such treatment. Rape and other forms of sexual violence was recognized as a war crime and the crime against humanity on the basis of the judgements of the international criminal courts. Rape can, under certain circumstances, fulfill the fact of the case of genocide. The international criminal courts strongly made...
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International protection of children with regard to the issue of child marriages
Svobodová, Iva ; Hýbnerová, Stanislava (advisor) ; Bayerová, Monika (referee)
The purpose of my thesis is to analyze different forms of international protection of children before forced child marriages. This text focuses on introduction into the issue which represents one of the most alarming and the most quickly spreading problems in the field of human rights of children. In spite of the fact, that every few seconds is a child deliberately married to become a sexual and domestic slave, this topic remains rather on the edge of public interest. The thesis can be divided into two main parts. We could call them theoretical descriptive part which is covered by first four chapters and analytic part which works mainly with case studies and UN documents and aims at pointing out some problems of application of law in practice. This part is covered by chapter five and six. As it was said, this thesis is composed of seven chapters. The aim of first two of them is to explain nature and risks of child marriages as well as reasons why they are occurring. Third chapter sums up current international legal documents dealing with the topic of child protection in general and in its subchapters are treated regional legislations (American, Asian, and European). Special space is given to the Covenant on the Rights of the Child. Chapter four is focused on more detailed sources of prohibition and...
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Children's right in the light of legal obligations imposed on the Czech republic
Dohnalová, Radka ; Hýbnerová, Stanislava (advisor) ; Bayerová, Monika (referee) ; Bílková, Veronika (referee)
Mgr. Radka Dohnalová CHILDREN'S RIGHTS IN THE LIGHT OF LEGAL OBLIGATIONS IMPOSED ON THE CZECH REPUBLIC 2012 SUMMARY The main purpose of my thesis is to analyse the level of implementation of legal obligations imposed on the Czech Republic by international child law. For this purpose, the study maps out the ambit of the international child law relevant to the Czech Republic; it deals especially with binding documents, but it does not ignore non-binding legal instruments, as far as their influence on child rights is certain. The wide range of subject matter is examined with regard to particular analysis of the two most important treaties - the UN Convention on the Rights of the Child and the European Convention for the Protection of Human Rights and Fundamental Freedoms. Clarification of the obligations and an evaluation of their impact is mainly undertaken through an analysis of the outcomes of the control mechanisms. The introduction is followed by two chapters dealing with the theoretical background for the ensuing research. Chapter Two briefly examines the basic theoretical origins of children's rights, since this question is seldom discussed in Czech legal literature. This chapter also analyses crucial concepts such as the definition of the child, the best interest principle and participation rights....
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The Right of Self-Defense in Current International Law
Kittrich, Jan ; Hýbnerová, Stanislava (advisor) ; Ondřej, Jan (referee) ; Beránek, Milan (referee)
The Right of Self-Defense in Current International Law The dissertation thesis is devoted to one of the key issues of current international law - the right to self-defense. The work is divided into six chapters including introduction and conclusion. After an introductory chapter describing the historical development of the use of force in international relations, it deals with classical self-defense in the context of customary law and contractual setting in the U.N. Charter. The main attention is devoted to the analysis of particularly controversial concepts, such as for example armed attack, with the explanation based on the International Court of Justice case law and doctrinal interpretation. In this context, substantial part of this chapter is devoted to the issue of indirect use of force. In this respect, the judgment of the International Court of Justice in case of Nicaragua is discussed in detail. The thesis also explores the relatively new concept in international law - the cyber-attack. The next chapter deals with preventive self-defense. The thesis analyzes in detail the doctrinal approaches to prevention, focusing on their main arguments. The two main theories - traditional and restrictive - are subject to thorough analysis. This chapter is also devoted in detail on the historical...
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Legality of Evidence in Criminal Proceedings in the Light of the European Convention on Human Rights
Nejedlý, Josef ; Hýbnerová, Stanislava (advisor) ; Hofmannová, Mahulena (referee) ; Hubálková, Eva (referee)
1 Abstract This PhD thesis focuses on the legality of evidence in criminal proceedings in the light of the European Convention on Human Rights ("the Convention"). At first sight it might seem that this field is only remotely connected with the Convention. In fact, none of the provisions of the Convention expressly regulates issues of evidence and the European Court of Human Rights ("the ECtHR") traditionally refuses to rule on the legality and the admissibility of evidence having regard to its subsidiary role and the doctrine of fourth instance. Yet the days when the question of the legality of evidence was exclusively a matter of domestic law are now long gone, as is evidenced by the relatively abundant jurisprudence of the ECtHR and the former European Commission of Human Rights (jointly "the Convention organs"). Moreover, Strasbourg case-law has been evolving dynamically in this area. It is thus one of the challenges currently facing both legal science and practice which stand before the difficult task to capture and influence these developments. The gathering of evidence in criminal proceedings often conflicts with the fundamental rights of individuals. Consequently, it is not surprising that the jurisprudence of the Convention organs dealing with issues of evidence has developed particularly in the...
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International legal aspects of the entry of foreigners in the territory of states
Bártková, Vendula ; Honusková, Věra (advisor) ; Hýbnerová, Stanislava (referee)
Summary: International aspects of the entry of foreigners in the state-territories The main purpose of my thesis is to analyze various aspects of the entry of foreigners in the territories of the (mostly) European countries. In recent decades there is a substantial growth in the number of migrants in these countries. States try to regulate the flow of migrants through their own legislation. In this effort, however, they are not completely independent. The rules governing the admission of aliens can be found even in international law. And these rules are binding for states. In recent years, the (European) states must also face the European legislation in this area. In the presented thesis we deal with tree types of migration - family reunion, asylum seeking and labour migration. Currently these are indeed the most common reasons for immigration into developed countries. Furthermore we explain how national legislation is influenced by supranational legislation; whether these interventions increase and what type of migration is most concerned. The thesis is composed of seven chapters. After a brief introduction in chapter One, description of the migration process, its definition and theory follow in chapter Two. In this chapter we also explain the basic concepts that we use in this paper. The following three...
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International abduction of children and the European Convention for the Protection of Human Rights and Fundamental Freedoms
Matysová, Monika ; Scheu, Harald Christian (advisor) ; Hýbnerová, Stanislava (referee)
"International abduction of children and the European Convention for the Protection of Human Rights and Fundamental Freedoms" Keywords: International abduction of children, Hague Convention on Civil Aspects of International Child Abduction, Council Regulation (EC) No 2201/2003, European Convention for the Protection of Human Rights and Fundamental Freedoms. The aim of the submitted doctoral thesis entitled "International abduction of children and the European Convention for the Protection of Human Rights and Fundamental Freedoms" is to examine the issue of international child abduction from the domestic, international and European perspectives and show their interconnections. To demonstrate this, the thesis will analyze the practices of national courts, the European Court of Human Rights (hereinafter referred to as the ECHR) and the European Court of Justice (hereinafter referred to as the ECJ). Attention will be paid mainly to the interpretation of one of the most important international child abduction instruments, The Hague Convention on Civil Aspects of International Child Abduction (hereinafter referred to as the Hague Convention), by the ECHR. As cases of international child abduction concern only the right to respect for one's private and family life within the meaning of Article 8 of the...
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