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The withdrawal of the Russian Federation from the Council of Europe and its impact on the protection of human rights in the country
Petrů, Simona ; Bílková, Veronika (advisor) ; Tymofeyeva, Alla (referee)
The withdrawal of the Russian Federation from the Council of Europe and its impact on the protection of human rights in the country Key words: Council of Europe, Russia, Ukraine, aggression, human rights The thesis focuses on the current topic of the Russian Federation's withdrawal from the Council of Europe and analyses what impact this move may have in relation to the protection of human rights in the country. In the introduction, the author introduces two research questions with the intention of examining them from an international law perspective. In the first one, the author shows her intention to reflect on whether the Russian Federation's withdrawal was a consequence of long-term complicated relations between the country and the Council of Europe or whether it was a direct reaction to the invasion of Ukraine. The second research question is related to the impact of the country's withdrawal from the organization on human rights in the country, more specifically whether the organisation still had the possibility to have an impact on the human rights situation in the country given the Russian Federation's attack on Ukraine in February 2022. The author considers both questions to be important in view of assessing the expediency and impact of Russia's expulsion from the Council of Europe. The...
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The Accession of European Union to the European Convention on Human Rights
Brtna, Dominik ; Šturma, Pavel (advisor) ; Tymofeyeva, Alla (referee)
1 The Accession of the European Union to the European Convention on Human Rights 1. Abstract in English This diploma thesis focuses on the relationship between the European Union (EU) and the European Convention on Human Rights (Convention). Especially in the light of the renewed attempt of the EU's accession to the Convention. Introduction (First Chapter) explains in brief the current situation, motivation of the author and the goals of the thesis. Also, the sources and methods used are introduced. Second Chapter describes the rich history of both European Union and European Convention of Human rights, with respect to their interlocking nature in the area of human rights. Analyses instruments such as Lisbon Treaty and the Charter of fundamental rights of the European Union. Third Chapter analyses the Opinion 2/13 of the CJEU and its impact on the accession of the EU to the Convention. Situation before and after the adoption of the Opinion, with its implications for the future relationship between the EU and the Convention. The next major section of this Chapter are the most recent meetings between the EU and the Council of Europe and evaluation of the hitherto progress. Fourth Chapter compares level of protection procedurally. Fifth Chapter compares level of protection substantively, in relevant case-law...
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Treatment of persons with mental disorders from the point of view of Art. 3 of the European Convention on Human Rights and the Czech Republic
Kuchařová, Tereza ; Tymofeyeva, Alla (advisor) ; Faix, Martin (referee)
Treatment of persons with mental disorders from the point of view of Art. 3 of the European Convention on Human Rights and the Czech Republic Abstract The diploma thesis is mainly dedicated to possible forms of ill-treatment of people with mental disorders. The main aspect of ill-treatment in the thesis is Article 3 of the European Convention on Human Rights, the convention concluded within the Council of Europe. The introduction describes the most important decisions of the European Court of Human Rights on this issue. However, the basic pillar of the work is the out-of-court control mechanism of the Council of Europe based on inspection visits and subsequent recommendations of the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT). Following the CPT's findings, the work describes the current state of affairs in the use of restraints, which the author currently considers to be the largest source of disagreement in the professional debate on psychiatric care. The content therefore also includes a description of the Czech legislation on the use of restrictive measures and the main views on their advantages, disadvantages and risks. The conclusion of the thesis consists of a description of a possible solution to the unsatisfactory situation in the field of...
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LGBTI Community as a New Minority
Polendová, Markéta ; Scheu, Harald Christian (advisor) ; Tymofeyeva, Alla (referee)
Thesis title LGBTI Community as a New Minority Abstract The thesis focuses on the legal status of LGBTI people, specifically in regards to the possibility of labelling the LGBTI community as a minority in the sense of minority law, which is traditionally associated with national, linguistic, and religious minorities. The work aims to evaluate the potential of the LGBTI community to fulfil the defining characteristics of a minority and subsequently analyses minority rights with regard to the possibility of granting them to LGBTI people. Further, the thesis focuses on the position of the LGBTI minority in EU law. The thesis is divided into three main parts. The first part introduces the terms that are built upon in the following chapters. The second part of the thesis is dedicated to the analysis of the features of the minority definition, i.e. the objective and subjective criterion, aiming to determine the possibile fulfilment of each individual minority characteristics by the LGBTI community. Problematic aspects arising in connection with the specific structure of the LGBTI community, especially its internal diversity and the difficult verification of the differentiating characteristics of individual members, are emphasised. Following the analysis of the minority status of the LGBTI community, the thesis...
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Diplomatic Protection and its Provision in International Law
Dopitová, Kristýna ; Balaš, Vladimír (advisor) ; Tymofeyeva, Alla (referee)
Diplomatic Protection and its Provision in International Law Abstract The thesis deals with diplomatic protection in a formal sense, especially concerning natural persons who do not have strictly one citizenship. The text of the thesis is divided into five chapters. First one is focused on the concept of diplomatic protection and its requirements. The second chapter contains development of its codification with an emphasis on Draft Articles on Diplomatic Protection. The third and fourth considers the possibility of providing it to stateless individuals and individuals with multiple nationalities. Finally, the relevance of diplomatic protection in the present day is discussed, considering the increasing number of human rights conventions and bilateral investment treaties. Analysis and synthesis are predominantly used in this thesis as well as comparative and descriptive research methods. The main aim of the thesis is to investigate the possibility of providing diplomatic protection to an apatrid or an individual with multiple nationalities and its conditions. The additional objective was to determine whether the provision of diplomatic protection to a natural person is still requested in case of injury. The main finding of the present thesis is the existence of possibilities to exercise diplomatic protection...
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Access to an independent and impartial court as a fair trial guarantee under the European Convention on Human Rights
Tymofeyeva, Alla ; Hýbnerová, Stanislava (advisor) ; Hofmannová, Mahulena (referee) ; Jeřábková, Věra (referee)
Dissertation Abstract TYMOFEYEVA, A. Access to an independent and impartial court as a fair trial guarantee under the European Convention on Human Rights. Prague 2010. Dissertation thesis. Charles University in Prague. Law Faculty. International Law Department. Supervisor Doc. PhDr. Stanislava Hýbnerová, CSc. The paper discusses the right of access to an independent and impartial tribunal under the European Convention on Human Rights with a focus on compliance of legislation and judicial practice in Ukraine with the standards developed by the European Court of Human Rights in its case-law. In order to address this issue the first part contains an analysis of the term "right of access to a court" and its components. An analysis of the term "right of access to a court" in a sense of the European Convention shows, that it includes the following elements: 1) the right to institute the legal proceedings and, in certain cases, the right to appeal against a decision of an administrative body or a court; 2) the right to legal aid, including free legal assistance and exemption from the court's costs; 3) the right to hearing by an independent and impartial tribunal with full jurisdiction established by law; 4) the right to hearing and delivery of the court's decision within a reasonable time and 5) the right to...
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Denial of the Holocaust and other crimes from the perspective of the international protection of human rights (freedom of expression)
Prokešová, Lucie ; Bílková, Veronika (advisor) ; Tymofeyeva, Alla (referee)
Denial of the Holocaust and other crimes from the perspective of the international protection of human rights (freedom of expression) This thesis discusses the conflict between the freedom of expression and other rights and values guaranteed by the European Convention on Human Rights, which are affected by denial of the Holocaust and other crimes. Freedom of expression is a relative fundamental right that can be limited in order to protect other protected rights and values. In cases of denial of the Holocaust and other crimes, freedom of expression can be limited in the interests of the protection of the dignity of victims and prevention of disorder or crime. The aim of this thesis is to provide a comprehensive view on the issue of denial of the Holocaust and other crimes in the light of freedom of expression in the European Court of Human Rights case law. The first part provides definition of the relationship between Holocaust denial and freedom of expression from the perspective of international law, the characteristics of freedom of expression and its limits, and the role and proceeding of the European Court of Human Rights in the case of conflict between freedom of expression and other rights and values. The second part is dedicated to the European Court of Human Rights case law concerning the...
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Legitimacy of mass surveillance and data collection in international law
Teššer, Marek ; Lipovský, Milan (advisor) ; Tymofeyeva, Alla (referee)
AJ Over the past decade, digital technology has undergone unprecedented development. The Internet, which originally served as a mean of communication among academics, has become the main communication mechanism used throughout the world. The way people can communicate with each other is much easier now. As a result, the attention of governments and secret agencies has also been focused on cyberspace, with the aim of controlling it as much as possible. Following the Snowden revelations in 2013, the debate on the international scene regarding the feasibility of mass surveillance as a tool in the fight against terrorism began. Since the events of September 11, the powers of the secret services in the field of communication of persons have been extended. This practice has brought up some interesting and unresolved issues. Are such activities permissible at all? If so, under what conditions? This diploma thesis analyzes the legitimacy of massive electronic surveillance and data collection in international law in the context of the protection of human rights, especially the right to privacy. It focuses on electronic surveillance conducted by the American National Security Agency (NSA) and the British Government Communications Headquarters (GCHQ). Since these are foreign monitoring programs, the work...
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International Legal Issues Related to the Status of the State of Israel
D'Evereux, Veronika ; Tymofeyeva, Alla (referee)
International Legal Issues Related to the Status of the State of Israel Abstract The emergence and continued existence of the State of Israel, which is completely surrounded by Arab neighbors, may be one of the main causes of the current conflict that began in this part of the region more than seventy years ago. At the same time, the creation of the State of Israel constitutes a certain exception to international law because it was linked to a non-legally binding resolution of a body of an international organization of a universal nature, in particular to the UN General Assembly Resolution 181 (II) of 1947. This resolution foresaw the establishment of both a Jewish and an Arab state in part of the territory of the former Ottoman Empire, which was then administered by Great Britain as a mandate territory. While the state of Israel declared its independence on 14 May 1948, the Arab people of the mandate rejected this resolution, and their right to self-determination was not pursued until many decades later. In relation to this, and as a result of several armed conflicts between the State of Israel and the surrounding Arab states, there has also been a controversial situation with regard to parts of the territory of the former Mandate of Palestine that is at the same time not the territory of the State of...
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