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The status and role of new human rights in international law
Kalenská, Petra ; Honusková, Věra (advisor) ; Bílková, Veronika (referee)
Status and Role of New Human Rights in International Law This diploma thesis compares three methods which have been used so far in the creation of new human rights in international law. The first chapter establishes the theory of the creation of new human rights in international law. It is claimed that all new human rights have been created by one of the following three methods: the adoption of an international treaty; the interpretation of an internetional treaty; or the adoption of a declaration. The second chapter provides definitions of a notion of human rights and determines a notion of new human rights as those rights which are not expressed in the International Bill of Human Rights. The distinction of human rights by generations is rejected. The third chapter summarizes the sources of international human rights law, which are international treaties, international custom and general principles of international law. Further, the third chapter shows the significance of peremptory norms and soft law instruments for international human rights. The fourth chapter deals with the first method of creating new human rights, i.e. adoption of international treaty. This method is presented through the Convention on the Rights of Persons with Disabilities and the right to live in community. The formulation...
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The Right to Education of Members of Ethnic Minorities in the European System of the Human Rights Protection
Kalenská, Petra ; Bílková, Veronika (advisor) ; Šturma, Pavel (referee) ; Bayerová, Monika (referee)
v anglickém jazyce The thesis deals with the right to education in the European system of the protection of human rights. It examines theoretical approaches to judicial protection of the right to education. It compares the right to education in the European system of the protection of human rights with the United Nations' human rights protection and the human rights protection system with the system of the Organization of American States. The thesis shows the development of the right to education through the general commends and recommendations and views of the UN human rights committees and through judgments of the European Court of Human Rights. The thesis analysis six cases of violation of the right to education of ethnic minorities, namely the D.H. and Others v. the Czech Republic, Sampanis v. Greece, Oršuš v. Croatia, Sampani v. Greece, Horváth and Kiss v. Hungary and Lavida v. Greece. These cases show that the judgment of the European Court of Human Rights stating the violation of the right to education and the award of the symbolic just satisfaction are not sufficient for the effective protection of the right to education of ethnic minorities. The paper shows that violation of the right to education of ethnic minorities are always related to racial discrimination. This fact must be taken...
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The status and role of new human rights in international law
Kalenská, Petra ; Honusková, Věra (advisor) ; Bílková, Veronika (referee)
Status and Role of New Human Rights in International Law This diploma thesis compares three methods which have been used so far in the creation of new human rights in international law. The first chapter establishes the theory of the creation of new human rights in international law. It is claimed that all new human rights have been created by one of the following three methods: the adoption of an international treaty; the interpretation of an internetional treaty; or the adoption of a declaration. The second chapter provides definitions of a notion of human rights and determines a notion of new human rights as those rights which are not expressed in the International Bill of Human Rights. The distinction of human rights by generations is rejected. The third chapter summarizes the sources of international human rights law, which are international treaties, international custom and general principles of international law. Further, the third chapter shows the significance of peremptory norms and soft law instruments for international human rights. The fourth chapter deals with the first method of creating new human rights, i.e. adoption of international treaty. This method is presented through the Convention on the Rights of Persons with Disabilities and the right to live in community. The formulation...
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