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Foster care under public law and private law
Kalocsányiová, Katarína ; Radvanová, Senta (advisor) ; Dvořák, Jan (referee)
FOSTER CARE UNDER PUBLIC LAW AND PRIVATE LAW The present thesis is dedicated to different aspects of foster care: its historical development; sources of law; conditions of its origination and dissolution; foster care mediation; rights and obligations of foster parents, children and biological parents; forms of foster care; and the system of financial supports. Normally, the child's interest is to remain with his family of origin. But if it is impossible for any subjective or objective reason, a substitute family care must be provided. According to the given criteria and limitations the child can be adopted; entrusted to a person other than his/her parents; entrusted to a guardian (although guardianship can be considered as a form of substitute family care only if the guardian takes care of the minor personally); or placed in a foster family. Institutional care should be the last option. For a long time, Czech republic have been criticized for having too many children in institutional care, even though it must be stressed that sometimes it is the only remaining solution (e.g. in the case of seriously handicapped person). But the main priority of the state should be to ensure a substitute family care always when possible. As stated earlier, one of the forms of alternative child care is the foster...
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The right of a child to know his/her genetical origin
Zýchová, Jana ; Radvanová, Senta (advisor) ; Frinta, Ondřej (referee)
My thesis deals with the child's right to know his or her genetic origin. It is a universal human right guaranteed by the Convention on the Rights of the Child. The Article 7, paragraph 1 states that every child has a right to know his or her parents, if possible. European Court of Human Rights repeatedly postulated that the right to know one's origin is an integral part of the right to respect for private and family life provided by the Article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms. The purpose of my work is to explain on particular problems, to what extent is this right respected in the Czech Republic, in conformity with its international obligations. The text is based on valid legal status to June 21, 2011, with regard to proposed changes in the upcoming adoption of the new Civil Code. The text is systematically divided into seven chapters. The first chapter is focused in general on the right to know one's own origin in the human rights dimension. The following chapters examine particular relevant sections of family law and its imperfections. Firstly, I discuss the issue of determination and denial of parenting with an emphasis on emerging deliberate disharmony between biological and legal parenthood. Furthermore, I focus on the issue of adoption,...
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Community interest society
Mazanec, David ; Frinta, Ondřej (advisor) ; Radvanová, Senta (referee)
Grounds for the topic of my thesis are connected with approved Amendment Act of Community Interest Societies. The aim of the work is to explain reasons that made the legislation power approve the amendment (mentioned above), specification of the most essential features of legal entities of a non-profit sphere, and usage of comparative levelling of the original statutory text with the actual legal regulations. The thesis is devided into 8 chapters and results from the basic characteristics of legal entities of the non-profit sphere in relation to a short discursion respecting their historical evolution. Attention is paid to general definition signs of these legal entities. The work focuses on legal status a Community Interest Society in the context of the Czech Legal Order. Great attention is paid to the Amendment Act of a Community Interest Society, especially with respect to the newly constructed conception in the area of authorities status of Community Interest Society and alignment of their acticity. The thesis deals with procedural process during foundation and liquidation of that kind of non-governmental organization and activities that are typical of the Community Interest Society. The merits of the thesis is characteristic of use of comparative view of the original statutory text concerning...
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