National Repository of Grey Literature 106 records found  1 - 10nextend  jump to record: Search took 0.00 seconds. 
Women in the Context of International Refugee Law
Reznáková, Petra ; Flídrová, Eliška (advisor) ; Honusková, Věra (referee)
Women in the Context of International Refugee Law Abstract The refugee definition enshrined in Article 1(A)(2) of the Convention Relating to the Status of Refugees does not mention gender or sex as a potentially relevant factor when establishing the refugee status. However, with the human rights evolution at the end of the 20th century, it became imperative that the definition is interpreted in a way which will provide protection to women facing either gender-specific persecution (persecution in specific forms only applicable to women for the reason of their sex), or gender-related persecution (persecution for the reason of being a woman). The thesis explores the interpretation of the notion of gender-specific persecution and discusses several examples of this form of persecution: forced marriage, female genital mutilation and sexual violence. Then it considers the Convention grounds for persecution (i.e. particular social group, political opinion, religion, race and nationality) and a variety of possible arguments for a gender- sensitive interpretation of these grounds for the purpose of encompassing cases of women facing persecution because of their opposition, whether explicit or tacit, to patriarchal traditional societies based on inequality between sexes manifesting for example in resistance to female...
Application of temporary refuge in international law and practice.
Ciupková, Tereza ; Honusková, Věra (advisor) ; Balaš, Vladimír (referee)
A temporary refuge for persons in need has become, in various forms, a solution to the mass influx of people around the world. Despite extensive practice, the institute remains almost unregulated by international law, and the only hard law remedy for temporary refuge is the EU Council Directive 2001/55/EC on Temporary protection. However, since the adoption of this Directive, the institute has not been used within the EU. This work aims to make a contribution to the discussion on the suitability of temporary refuge as a solution for a migration crisis in Europe and on a need to regulate this institute by universal international law norms. This thesis is divided into two chapters. The first chapter deals with the scope of a temporary refuge, its legal basis and situations which the institute can be applied to. To describe the situations for which the temporary refuge had been used as a solution to mass influx, the work provides an overview of the solution to mass influx in regions of Africa, Asia and Latin America. The second chapter deals with the analysis of three practical forms of the temporary refuge related to the solution of migration crises in Europe. The first case analyzed is the temporary refuge granted to people fleeing the conflict in the countries of the former Yugoslavia. It focuses...
Aplikace principu náležité péče v kybernetickém prostoru
Botek, Adam ; Honusková, Věra (referee)
The due diligence principle is a well-established general principle of international law. The adequacy of its use proved in many special regimes of international law, especially in international environmental law. Cyberspace is another regime where the application of the due diligence principle is desirable. An adequate application of the due diligence principle might mitigate the problem of attribution of cyber operations and help in denying safe havens of non-state actors, who conduct malicious operations in cyberspace. The adequacy of the application of the due diligence principle in cyberspace is further indicated by the results of discussions in international fora and by the emerging trend of support of the application in official declarations of States on the application of international law in cyberspace. The thesis further suggests how the due diligence principle should be applied by introducing three elements that trigger the due diligence obligation and three possible adjustments to them. It also identifies the essence of some controversial aspects of the application of the due diligence principle and introduces cyber- specific considerations for the determination of breaches of the due diligence obligation and evaluation of lawfulness of responses to the breach, which consist of acts of retorsion...
Legal status of whistleblowers in relation to the refugee status
Majdáková, Anežka ; Honusková, Věra (referee)
Legal status of whistleblowers in relation to the refugee status Abstract The aim of this thesis is to introduce the whistleblowing issue in context of international law, refugee law specifically. In recent years, there have been several globally significant cases of whistleblowers responsible for leaks of information of i.a. public entities and seeking protection against their own state of nationality in other countries. Despite the worldwide attention that these cases got, the problematics of whistleblowing is not sufficiently covered from the perspective of international law. Especially in Czech law literature, this topic is neglected in such context. The object of the thesis is therefore to provide an overview of the issue and to identify and analyze its controversial aspects. The work is structured from general introduction into the topic, thereafter defining crucial terms and institutes and categorizing them, towards detailed analysis of the status of whistleblowers and each of refugee definition parts in particular. The core of the work itself is constituted of application of these definition characteristics to miscellaneous whistleblower cases, with the purpose of answering the research question whether (and under what condition) could whistleblowers fulfill the refugee definition. In the thesis is...
The "unwilling or unable" doctrine and the right of self-defence against non-state actors
Syvulja, Nela ; Bílková, Veronika (advisor) ; Honusková, Věra (referee)
The "unwilling or unable" doctrine and the right of self-defence against non- state actors ABSTRACT For several decades, the fight against international terrorism has been a major challenge for the entire international community. States try to fight these non-state actors in various ways. One of them is trying to neutralize a non-state actor in the territory of the state in which this actor has settled and from which he is preparing and coordinating his attacks. States often invoke the right to self-defense in the case of such actions, stating that the state in whose territory the non-state entity is located is unable or unwilling to deal with it on its own. This paper is devoted to the right to self-defense against non-state actors and the emerging doctrine of "unwilling or unable". The paper is divided into an introduction, four main chapters and a conclusion. The first chapter is devoted generally to the prohibition of the use of force and the threat of force. The second chapter deals with the right to self-defense. First, attention is paid to the right to self-defense in general, where an armed attack is discussed in more detail. Subsequently, a restrictive and extensive approach to the right to self-defense is presented. Attention is then paid more to the preemptive and preventive self-defense and the...
Aplikace principu náležité péče v kybernetickém prostoru
Botek, Adam ; Honusková, Věra (referee)
The due diligence principle is a well-established general principle of international law. The adequacy of its use proved in many special regimes of international law, especially in international environmental law. Cyberspace is another regime where the application of the due diligence principle is desirable. An adequate application of the due diligence principle might mitigate the problem of attribution of cyber operations and help in denying safe havens of non-state actors, who conduct malicious operations in cyberspace. The adequacy of the application of the due diligence principle in cyberspace is further indicated by the results of discussions in international fora and by the emerging trend of support of the application in official declarations of States on the application of international law in cyberspace. The thesis further suggests how the due diligence principle should be applied by introducing three elements that trigger the due diligence obligation and three possible adjustments to them. It also identifies the essence of some controversial aspects of the application of the due diligence principle and introduces cyber- specific considerations for the determination of breaches of the due diligence obligation and evaluation of lawfulness of responses to the breach, which consist of acts of retorsion...
Legal status of whistleblowers in relation to the refugee status
Majdáková, Anežka ; Honusková, Věra (referee)
Legal status of whistleblowers in relation to the refugee status Abstract The aim of this thesis is to introduce the whistleblowing issue in context of international law, refugee law specifically. In recent years, there have been several globally significant cases of whistleblowers responsible for leaks of information of i.a. public entities and seeking protection against their own state of nationality in other countries. Despite the worldwide attention that these cases got, the problematics of whistleblowing is not sufficiently covered from the perspective of international law. Especially in Czech law literature, this topic is neglected in such context. The object of the thesis is therefore to provide an overview of the issue and to identify and analyze its controversial aspects. The work is structured from general introduction into the topic, thereafter defining crucial terms and institutes and categorizing them, towards detailed analysis of the status of whistleblowers and each of refugee definition parts in particular. The core of the work itself is constituted of application of these definition characteristics to miscellaneous whistleblower cases, with the purpose of answering the research question whether (and under what condition) could whistleblowers fulfill the refugee definition. In the thesis is...
The Principleof Non-refoulement and the Concept of SafeCountries
Brychtová, Karolína ; Honusková, Věra (advisor) ; Flídrová, Eliška (referee)
This thesis deals with the safe country concept; within which we can further distingiush two concepts - the one of a safe country of origin and that of a safe third country. When applying the safe country concept, states are limited by their obligations which stem from international law, in particular by the principle of non-refoulement. Furthermore, the concept of safe countries cannot be analyzed nor applied without taking the non-refoulement principle into consideration. The non-refoulement principle is therfore one of the main topics of this thesis. It is viewed primarily trough the lens of the definition given by the Geneva Convention Relating to the Status of Refugees of 1951 and the New York Protocol Relating to the Status of Refugees of 1967. The goal of this thesis is to determine, whether the concept of safe countries is indeed in accordance with the non-refoulement principle. We will subsequently try to answer the question of how influential the principle is (and should be) in terms of states that follow the concept of safe countries. The main concern of this thesis is the application of the safe country concept in Europe, or more precisely in the European Union. The european safe country legislation belongs to the so-called Common European Asyulm System. The centrepiece of this legal...
The institute of Temporáry protection in internátionál láw ánd its ápplicátion in Turkish nátionál láw
Láníková, Klára ; Honusková, Věra (advisor) ; Flídrová, Eliška (referee)
The diploma thesis carrying the name of "The institute of temporary protection in international law and its application in Turkish national law" engages in the institute of Temporary protection being an instrument used in situations of mass influx when RSD procedure is hardly practicable or even impracticable at all. The aim of the thesis is both to define and to analyse Temporary protection as a part of the international law system and consequently apply this legal framework in practice, namely in Turkish national law. The thesis is composed of two main parts, whilst Part one addresses the international law level, Part two evaluates to what extent does Turkish national law comply with the findings of Part one. The first part is divided into subchapters concentrating on various aspects of Temporary protection. At the beginning, the term of Temporary protection itself is defined, followed by analysing the mass influx element in the light of its importance as a basic premise for the application of the mechanism of Temporary protection. The thesis consecutively focuses on beneficiaries of temporary protection and the legal foundation both in conventional and customary law, whereas the principles of non-refoulement and temporary refuge were found to be relevant. Furthermore, the rights of beneficiaries...
The Status of Child Soldiers in International Refugee Law
Homolová, Veronika ; Honusková, Věra (advisor) ; Faix, Martin (referee)
in English - The Status of Child Soldiers in International Refugee Law The main aim of this thesis is to investigate to what extent the international refugee law protects children who flee from armed forces recruitment. The chosen problem was solved using the question whether it is possible to grant a refugee status according to the 1951 Refugee Convention, or a status complementing the refugee status according to regional regulatory instruments, to a child who flees from armed forces recruitment. The conception of the refugee status was divided into constituent elements and it was considered whether children who flee from recruitment into armed forces and former child soldiers comply with attributes of these elements. The first examined element is the inclusion clause. In this part, the thesis examined the following questions: Is recruitment of children into armed forces and their use in hostilities a form of persecution? Can such children be considered a particular social group? Can rejection of participation in armed forces by such children be considered holding a political opinion? Is there a causal link between persecution and membership to a particular social group or between persecution and holding a political opinion in the context of children who flee from recruitment into armed forces?...

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