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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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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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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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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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Possibilities of estimating the efficiency of financial system and granting social services
Jeřábková, Věra ; Fischer, Jakub (advisor) ; Krebs, Vojtěch (referee) ; Zelený, Martin (referee)
A significant problem of functioning the public sector is to ensure the efficiency of public expenditures. Efficiency model's creating is a dynamic process that requires regular evaluation of the socioeconomic conditions. The efficiency of financial system and granting social services is still not measured in the Czech Republic. The area of social services is affected by number of criteria and factors. So it is necessary to apply different views on evaluating the efficiency of social care, social prevention and social counseling. The efficiency of social services can not be estimated as a whole, but we should focus on different groups of social services and individual services within the group. In this thesis the efficiency is measured in the two selected residental social care services -- homes for the elderly and homes for people with disabilities. The applied methods was used only to a limited extent because of lacks of many important variables in the area of official statics. In the case of multiple criteria methods the calculation was also impeded by the availability of suitable software.
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Development of crime in the Czech Republic by sex with focus on the economic crime
Nedbalová, Tereza ; Šimková, Martina (advisor) ; Jeřábková, Věra (referee)
The aim of this thesis is to provide the truest picture of general and economic crime in the Czech Republic. The crime will be viewed in several ways. First, in terms of the recorded criminal activities, which are providing the information nearest the real crime, and also in terms of number of the prosecuted, the accused and the convicted persons, which are data providing further insights into the structure of crime according to demographic characteristics of the offenders. In the theoretical part, there will be described basic criminogenic factors affecting the situation, structure and development of crime for even more comprehensive picture of crime. The analytical part is divided into two parts. The first part is given to situation, structure and development of the overall crime (usually by particular types of crime) and its deeper analysis by gender, age, education and marital status of the offenders. The second part deals with the economic crime and its development by gender.
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Care allowance as an instrument social services funding
Raif, Miroslav ; Jeřábková, Věra (advisor) ; Kozelský, Tomáš (referee)
The thesis deals with the contribution to care, a new method of financing social services. In the theoretical part, I compiled the knowledge that I gained by studying literature. It explains the basic concepts of social services and benefits of the care allowance. In the practical part is focused on the recording of population age structure, which largely contributes to the number and amount of benefits paid.
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Analysis of the total dependency ratio in the CR and the SR
Kovařík, Václav ; Miskolczi, Martina (advisor) ; Jeřábková, Věra (referee)
This bachelor thesis is focused on the analysis of demographic trends in the evolution of population of the This bachelor thesis is focused on the analysis of demographic trends in the evolution of population of the Czech Republic and the Slovak Republic and the analysis of total dependency ratio, young-age ratio, old-age ratio and potential support ratio in the context of population ageing in the Czech Republic and the Slovakia. From the obtained results it is clear that the economic burden the productive part of the population deteriorates in the Czech Republic and the Slovakia. Especially is due to adverse demographic evolution of populations. Both populations are ageing and in the fifty-run Slovak population will age faster than the Czech. In this context, there are changes in proportion between economic generations that decreases share of productive and preproductive component in the population at the expense of increasing the number of individuals representing postproductive component of the population. This adversely affects the development of indices of the economic burden.
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Regional accessibility of social services from geographical viewpoint
Srnová, Zdeňka ; Jeřábková, Věra (advisor) ; Šimková, Martina (referee)
The goal of this elaboration is to analyze and chart the accessibility of social services in each region of Czech Republic. In the first part are described basic concepts of social services and financing of these services. The second part of this thesis deals with economic and demographic characteristics of regions of Czech Republic. The third, analytical part, is examined structure of social services and her development. Constituent part is time development of indicators, that affect accessibility of services.
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