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The Best Interest of the Child (especially in connection with Interim injuction)
Brejša, Jakub ; Hendrychová, Michaela (advisor) ; Lederer, Vít (referee)
The Best Interest of the Child (especially in connection with Interim injunction) Abstract The topic of this thesis is the issues of minor children, who must enjoy increased legal protection due to their age, immaturity, dependence on parents, etc. For this reason, the topic of this thesis will focus on the principle of the best interests of the child. This issue of minors is explained not only in terms of constitutional order and legal regulations in the Civil Code, but also in terms of civil procedural law, the Act on Special Judicial Procedures and the Act on the Social and Legal Protection of Children. The work focuses mainly on the institute of preliminary measures, the purpose of which is to provide protection for the vulnerable child in cases where, for various reasons, it is not possible to wait except for the issuance of a substantive decision on the merits, resp. it is obvious that waiting for the decision of the court on the merits would be contrary to the interests of the child, who found himself in need for some reason, and his best interests are thus endangered. The aim of this thesis is to explain the topic of the best interests of the child, especially in connection with Interim injunction. An interim injunction is intended to provide immediate protection to a child in need, a weaker article...
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Legal position of a child with regard to the right of participation (comparative study)
Müllerová, Michelle ; Hendrychová, Michaela (advisor) ; Šustek, Petr (referee)
Legal position of a child with regard to the right of participation This thesis is constructed as a comparison of the legal position of a child in the Czech Republic and England. The aim is to discuss the rights of a child in general with special regard to his or her right of participation and to evaluate how the rights are respected in both states. This thesis mainly underlines the common aspects as well as the main differences in the legislation while suggesting some possible changes. After the introduction, there are four main chapters subsequently divided into subsections. The first chapter explains the terms "child" and "the best interests of a child". The concept of "the best interests of a child" is firstly discussed in accordance with the General Comments published by the Committee on the Rights of the Child followed by the explanation on how the legislation of the compared states understands this term. The second chapter discusses how the rights of a child developed in the last decades whereas the starting point from which we generally speak about children rights is the beginning of the 20th century. The most important international agreements are mentioned, for example the Geneva Declaration of the Rights of the Child of 1924, Declaration of the Rights of the Child of 1959, International...
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