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The right to respect for private and family life
Králová, Tereza ; Honusková, Věra (advisor) ; Elischer, David (referee)
(RIGHT TO RESPECT FOR PRIVATE AND FAMILY LIFE) The main goal of this diploma thesis, called Right to respect for private and family life, is to analyze the progress in the issue of the right to respect for private and family life from the perspective of registered partnership. I had to narrow the topic of this diploma thesis to registered partnership, because of the fact, that the scope of the right to respect for private and family life is so broad, that it couldn't be summarized in the mere diploma thesis. Emphasis of this diploma thesis is placed on regulation set out in the European Convention for the Protection of Human Rights and Fundamental Freedoms (the Convention), other regulation is mentioned only marginally. The diploma thesis is divided into four chapters, further it contains the introduction, the conclusion, the list of abbreviation, the list of literature and the Czech and English abstract. The most important part of this diploma thesis is chapter three, which deals with the right to respect for private and family life from the perspective of registered partnership set out in the article 8 of the Convention. Chapter 1 defines the right to respect for private and family life as one of the fundamental human rights and characterizes the international legal protection and legal...
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Right to respect private and family life in case-law of the European Court of Human Rights
Jandáčková, Tereza ; Honusková, Věra (advisor) ; Scheu, Harald Christian (referee)
R I G H T T O R E S P E C T F O R P R I V A T E A N D F A M I L Y L I F E I N T H E C A S E - L A W O F T H E E U R O P E A N C O U R T O F H U M A N R I G H T S Abstract The aim of the thesis is to explain wording and application of the Article 8 of the European Convention for the Protection of Human Rights and Fundamental Freedoms (the Convention) from the perspective of the European Court of Human Rights (the ECHR). The scope of Article 8, which guarantees the right to respect for private and family life, is very broad. For this reason the thesis especially deals with the issue of the right of the child to know his/her origin and information about his/her early childhood. In particular it attempts to outline the way how the ECHR deals with the conflict of the right to know one's origin with the right of the parent to stay anonymous. The thesis is divided into five chapters which illustrate the particular aspects of the application of Article 8. These chapters are linked through the judgements Gaskin, Mikulić, Odiévre, Jäggi and Phinirikadou which are related to the right of the child to know his/her origin. Chapter 1 provides with the general introduction to the protection of human rights at the European level and also analyses the Convention and the ECHR. The goal of chapter 2 is to outline the inner...
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The right to respect for private and family life
Králová, Tereza ; Honusková, Věra (advisor) ; Elischer, David (referee)
(RIGHT TO RESPECT FOR PRIVATE AND FAMILY LIFE) The main goal of this diploma thesis, called Right to respect for private and family life, is to analyze the progress in the issue of the right to respect for private and family life from the perspective of registered partnership. I had to narrow the topic of this diploma thesis to registered partnership, because of the fact, that the scope of the right to respect for private and family life is so broad, that it couldn't be summarized in the mere diploma thesis. Emphasis of this diploma thesis is placed on regulation set out in the European Convention for the Protection of Human Rights and Fundamental Freedoms (the Convention), other regulation is mentioned only marginally. The diploma thesis is divided into four chapters, further it contains the introduction, the conclusion, the list of abbreviation, the list of literature and the Czech and English abstract. The most important part of this diploma thesis is chapter three, which deals with the right to respect for private and family life from the perspective of registered partnership set out in the article 8 of the Convention. Chapter 1 defines the right to respect for private and family life as one of the fundamental human rights and characterizes the international legal protection and legal...
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Article 8 of The European Convention on Human Rights
Havelková, Lenka ; Grmelová, Nicole (advisor) ; Spirit, Michal (referee)
This thesis bearing the name "The European Convention on Human Rights, Article 8" has the objective to define the right to respect for private and family life through the jurisprudence of the European Court of Human Rights. The work is concentrating on the topic of registered partnership, especially upon the question of whether a homosexual pair can be recognized as a family in the sense of Article 8 of European Convention on Human Rights. Further issues discussed are the question of children and their biological parents, whether a child has a right to know his biological parents, and the problem of implementation of Article 8 in the Czech Republic focusing on the question of problems in implementation of the right to respect for private life and for family life. The first two chapters are aimed at defining the pertinent terms and outlining the historical development of this area of law. Main part of the work are the last two chapters, which are concentrating on the above mentioned issues through the interpretation of selected relevant jurisprudence of the European Court of Human Rights. This interpretation of the jurisprudence has resulted in answers on the set questions, with respect to the fact that it is a current interpretation of the Convention by the Court. The main finding is the necessity to realize that the Convention as a living instrument will keep developing according to the development of society, which leads to the results and answers being pertinent only at the time of writing of this work, with the future development being possibly different from current results.
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