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The Prohibition of Discrimination as a Legal Problem in the Case Law of the European Court of Human Rights
Dolejšová Kabelová, Kristýna ; Šturma, Pavel (advisor) ; Hubálková, Eva (referee) ; Hýbnerová, Stanislava (referee)
The Prohibition of Discrimination as a Legal Problem in the Case Law of the European Court of Human Rights JUDr. Kristýna Dolejšová Kabelová This dissertation thesis is focused on the examination of the prohibition of discrimination in the European system of the protection of human rights as based on the Convention for the Protection of Human Rights and Fundamentals Freedoms (hereinafter referred to it as the "European Convention"). The European Court of Human Rights (hereinafter referred to as the "European Court"), in its role as a component of this system of protection, acts as an international judicial organ that reviews individual applications concerning an alleged breach of the European Convention by a Member State. In the area of the protection of human rights such prohibition of discrimination is based on the fundamental principle of equality, and constitutes an integral part of all important international instruments for the protection of such rights, and of the modern national legal orders of states. Inevitably, however, the legal systems of modern-day states are built upon distinctions, categorizations and classifications inherent to their societies, creating unintentional opportunities for discrimination. The problem of the prohibition of discrimination consists in delimiting the...
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The right to life guaranteed by the European Convention for the Protection of Human Rights and Fundamental Freedoms.
Divoká, Simona ; Šturma, Pavel (advisor) ; Hubálková, Eva (referee)
Title: The right to life guaranteed by the European Convention for the Protection of Human Rights and Fundamental Freedoms Author: Simona Divoká Department: Department of international law Supervisor: prof. JUDr. Pavel Šturma, DrSc. Abstract: The thesis is mainly focused on the interpretation of the article 2 of the Convention which guarantees one of the most important human rights, the right to life. In the first part of the thesis I deal with the European Convention on Human Rights, especially its aplication to be clear when the violation of the Convention is possible. Then I concentrate on the functioning of European Court of Human Rights which was constituted for the purpose to execute the control of compliance with rights and liberties guaranteed by the Convention and Additional Protocols to the Convention which contracting states obligate to fulfill. Then I handle the interpretation of the article 2 of the Convention and I try to describe with the help of judicature of the Court which obligations must be fulfilled by the contracting states and how the contracting states must behave to comply with the Convention. Substantive and procedural obligations give rise to contracting states. These obligations can be divided into positive and negative obligations. I continuously describe these...
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Legality of Evidence in Criminal Proceedings in the Light of the European Convention on Human Rights
Nejedlý, Josef ; Hýbnerová, Stanislava (advisor) ; Hofmannová, Mahulena (referee) ; Hubálková, Eva (referee)
1 Abstract This PhD thesis focuses on the legality of evidence in criminal proceedings in the light of the European Convention on Human Rights ("the Convention"). At first sight it might seem that this field is only remotely connected with the Convention. In fact, none of the provisions of the Convention expressly regulates issues of evidence and the European Court of Human Rights ("the ECtHR") traditionally refuses to rule on the legality and the admissibility of evidence having regard to its subsidiary role and the doctrine of fourth instance. Yet the days when the question of the legality of evidence was exclusively a matter of domestic law are now long gone, as is evidenced by the relatively abundant jurisprudence of the ECtHR and the former European Commission of Human Rights (jointly "the Convention organs"). Moreover, Strasbourg case-law has been evolving dynamically in this area. It is thus one of the challenges currently facing both legal science and practice which stand before the difficult task to capture and influence these developments. The gathering of evidence in criminal proceedings often conflicts with the fundamental rights of individuals. Consequently, it is not surprising that the jurisprudence of the Convention organs dealing with issues of evidence has developed particularly in the...
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Proceedings before the European Court of Human Rights and their reform
Zaťko, Miloš ; Šturma, Pavel (advisor) ; Hubálková, Eva (referee) ; Balaš, Vladimír (referee)
Proceedings before the European Court of Human Rights and their reform The purpose of this thesis is to analyse and evaluate the proceedings before the European Court of Human Rights. This Court that exists within the Council of Europe is the guardian of guaranteed human rights and fundamental freedoms defined in the European Convention on Human Rights. Under this Convention an individual is entitled to submit an application to the Court and seek for the protection of his rights that were violated by one of the Member states. One of the conditions that ensure this protection is an effective and adequate proceedings before the Court. At present, the Court has to face many problems that are able to put this human rights protection in danger. Therefore the Member states decided to initiate a reform of the Court and its proceedings. The basic goal of this reform process is to ensure the long-term efficiency of the proceedings. This thesis analyzes the outcomes of this reform and how it affects the current proceedings. Key words: the European Court of Human Rights, proceedings, reform, workload, caseload
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Legality of Evidence in Criminal Proceedings in the Light of the European Convention on Human Rights
Nejedlý, Josef ; Hýbnerová, Stanislava (advisor) ; Hofmannová, Mahulena (referee) ; Hubálková, Eva (referee)
1 Abstract This PhD thesis focuses on the legality of evidence in criminal proceedings in the light of the European Convention on Human Rights ("the Convention"). At first sight it might seem that this field is only remotely connected with the Convention. In fact, none of the provisions of the Convention expressly regulates issues of evidence and the European Court of Human Rights ("the ECtHR") traditionally refuses to rule on the legality and the admissibility of evidence having regard to its subsidiary role and the doctrine of fourth instance. Yet the days when the question of the legality of evidence was exclusively a matter of domestic law are now long gone, as is evidenced by the relatively abundant jurisprudence of the ECtHR and the former European Commission of Human Rights (jointly "the Convention organs"). Moreover, Strasbourg case-law has been evolving dynamically in this area. It is thus one of the challenges currently facing both legal science and practice which stand before the difficult task to capture and influence these developments. The gathering of evidence in criminal proceedings often conflicts with the fundamental rights of individuals. Consequently, it is not surprising that the jurisprudence of the Convention organs dealing with issues of evidence has developed particularly in the...
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The right to life guaranteed by the European Convention for the Protection of Human Rights and Fundamental Freedoms.
Divoká, Simona ; Šturma, Pavel (advisor) ; Hubálková, Eva (referee)
Title: The right to life guaranteed by the European Convention for the Protection of Human Rights and Fundamental Freedoms Author: Simona Divoká Department: Department of international law Supervisor: prof. JUDr. Pavel Šturma, DrSc. Abstract: The thesis is mainly focused on the interpretation of the article 2 of the Convention which guarantees one of the most important human rights, the right to life. In the first part of the thesis I deal with the European Convention on Human Rights, especially its aplication to be clear when the violation of the Convention is possible. Then I concentrate on the functioning of European Court of Human Rights which was constituted for the purpose to execute the control of compliance with rights and liberties guaranteed by the Convention and Additional Protocols to the Convention which contracting states obligate to fulfill. Then I handle the interpretation of the article 2 of the Convention and I try to describe with the help of judicature of the Court which obligations must be fulfilled by the contracting states and how the contracting states must behave to comply with the Convention. Substantive and procedural obligations give rise to contracting states. These obligations can be divided into positive and negative obligations. I continuously describe these...
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The Prohibition of Discrimination as a Legal Problem in the Case Law of the European Court of Human Rights
Dolejšová Kabelová, Kristýna ; Šturma, Pavel (advisor) ; Hubálková, Eva (referee) ; Hýbnerová, Stanislava (referee)
The Prohibition of Discrimination as a Legal Problem in the Case Law of the European Court of Human Rights JUDr. Kristýna Dolejšová Kabelová This dissertation thesis is focused on the examination of the prohibition of discrimination in the European system of the protection of human rights as based on the Convention for the Protection of Human Rights and Fundamentals Freedoms (hereinafter referred to it as the "European Convention"). The European Court of Human Rights (hereinafter referred to as the "European Court"), in its role as a component of this system of protection, acts as an international judicial organ that reviews individual applications concerning an alleged breach of the European Convention by a Member State. In the area of the protection of human rights such prohibition of discrimination is based on the fundamental principle of equality, and constitutes an integral part of all important international instruments for the protection of such rights, and of the modern national legal orders of states. Inevitably, however, the legal systems of modern-day states are built upon distinctions, categorizations and classifications inherent to their societies, creating unintentional opportunities for discrimination. The problem of the prohibition of discrimination consists in delimiting the...
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The protection of ownership right and property restitution in the case-law of the European Court of Human Rights
Cilli, Michala ; Šturma, Pavel (advisor) ; Hubálková, Eva (referee)
The protection of ownership right and property restitution in the case-law of the European Court of Human Rights. Abstract The topic of this graduation theses is the protection of property as embodied and provided by European Convention of Human Rights and its authorities. The author also pays attention to how the European Court of Human Rights dealt with number of Czech and Slovak complaints concerning the restitution process taking place after the fall of the communism with purpose to rectify at least some of the last regime's wrongs as to the acts of deprivation occurred before the restoration of democracy. Emphasis is primarily put on Strasbourg authorities case law.
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