|
|
Freedom of expression of the media: Comparison of case law of the European Court of Human Rights and the Inter-American Court of Human Rights
Davidová, Barbora ; Tymofeyeva, Alla (advisor) ; Bílková, Veronika (referee)
The diploma thesis deals with regional protection of freedom of expression with focus on the media. The aim of the thesis is to carry out a comparative analysis of the relevant regional documents concerning human rights protection and particularly of the selected case- law of the European Court of Human Rights and the Inter-American Court of Human Rights regarding freedom of expression of the media. I will find out where the differences or, on the other hand, the similarities of the courts' approaches to a different topics are. The thesis is divided into three parts. The first, introductory part deals with the theoretical grounding of the media and the issue of media freedom of expression from the perspective of historical development and international law. The second part focuses on protection of the freedom of expression of the media within two regional systems of human rights protection: the European and the Inter-American systems. With the help of Czech and foreign reference literature, both regional human rights protection systems are presented in separate subchapters, focusing at first on the procedural aspect - on the questions of who can claim the protection, from which authority and in what way; and whether a journalist himself, or perhaps a media owner, who believes their right to freedom...
|
|
|
Right to education under European Convention for the Protection of Human Rights and Fundamental Freedoms and Czech Republic
Zelnerová, Eliška ; Bayerová, Monika (advisor) ; Flídrová, Eliška (referee)
1 Right to education under European Convention for the Protection of Human Rights and Fundamental Freedoms and Czech Republic Abstract: This thesis deals with the issue of protection of the right to education. It focuses on the conception of the right to education defined by the European Convention for the Protection of Human Rights and Fundamental Freedoms. It also compares the article concerning the right to education with other international documents concerning human rights protection such as Charter of Fundamental Rights of the European Union and Convention on the Rights of the Child. It partly examines the definition of this right under the Czech law. The thesis especially pays attention to the case of the Grand Chamber D.H. and others versus Czech Republic, since it is the only decision of European Court of justice concerning right to education which found Czech Republic in breach of the Convention. The aim of this thesis was to find out what influence had this decision on the Czech Republic as well as other member states of the Council of Europe and whether It was succesfully implemented into the Czech legal system. This decision is significant not just for the Czech Republic. It has shed light on the issue faced by many European countries. It became a pilot judgment and was followed by other...
|
|
|
Procedural status of international non-governmental al organisations before international human rights courts
Janků, David ; Honusková, Věra (advisor) ; Lipovský, Milan (referee)
- PROCEDURAL STATUS OF INTERNATIONAL NON-GOVERNMENTAL ORGANISATIONS BEFORE INTERNATIONAL HUMAN RIGHTS COURTS The position of international NGOs within the system of international law or specifically their position before individual international bodies is a topic that the international law theory does not consider very much. Hence, this master's thesis aims to present what role do the international NGOs play in the international arena and particularly places the focus on the procedural roles they may take upon in the european and the inter-american human rights systems. The thesis is divided into 3 main parts and several chapters. The first part deals with the history of international NGOs and delimiting the term. Regarding the latter several definitions are presented and assessed and the differences between the international NGOs and transnational corporations are drawn. The thesis then explores the position of international NGOs as subjects of international law and their role in human rights protection which reflects the topis of the thesis. The second part is devoted to particular roles of international NGOs before the selected courts. The first chapter deconstructs the institute of amicus curiae including the way it is embeded into the systems of both courts and the way it is made use of. This...
|
|
|
Political Role of Courts and Judges from a European and Comparative Perspective
Vikarská, Zuzana ; Ondřejek, Pavel (referee)
1 Political Role of Courts and Judges from a European and Comparative Perspective Zuzana Vikarská The submitted dissertation examines European apex courts (i.e. the Court of Justice of the European Union and the European Court of Human Rights) and aims to answer the research question whether these judicial institutions are political and, if so, in what sense. The author puts forward five perspectives from which the political role of courts and judges can be analysed. The first dimension perceives judges as human beings who are influenced not only by legal rules but also by various non-legal influences, including political ones. In the first dimension, the notion of politics therefore stands in contrast to a certain idea of legal purity and separation of law from politics. This first dimension covers various jurisprudential perspectives on judicial decision-making, but also issues such as transparency of judicial institutions or the quality of judicial reasoning. The second dimension looks at the nomination procedures that lead to judicial appointments at the European apex courts. In this case, politics means the participation of political actors in the process of selecting candidates for the judicial functions. In this meaning, the notion of politics stands in opposition to the notion of expertise. The...
|
|
|
Conformity assessment of the Czech compensation remedy for unreasonably lengthy proceedings in the light of the ECtHR's jurisprudence with proposed measures capable of eliminating the identified shortcomings
Pysk, Vladimír ; Svoboda, Petr (advisor) ; Kryska, David (referee)
Conformity assessment of the Czech compensation remedy for unreasonably lengthy proceedings in the light of the ECtHR's jurisprudence with proposed measures capable of eliminating the identified shortcomings Abstract In the most general terms, the thesis at hand aspires to assess the compatibility of the Czech compensation remedy for excessively lengthy proceedings with obligations stemming from the European Convention on the Protection of Human Rights. For this purpose, its introductory part is dedicated to duly examining each individual requirement contained in the relevant case-law of the European Court of Human Rights. As a next step, the thesis attempts to acquaint a reader with relevant provisions of the Czech legal order and analyse the functioning of the mechanism designed to provide the victims of judicial delays with compensation in practice. Against this background, it further evaluates the Czech legislation and case-law of the domestic authorities, especially courts, in the light of the applicable European standards. By way of comparison, the author arrives at the conclusion that the existing compensation remedy is marked by various defects which may expose the Czech Republic to the risk of being held responsible, in the proceedings on individual applications, for a violation of its...
|
|
|
Political Role of Courts and Judges from a European and Comparative Perspective
Vikarská, Zuzana ; Kysela, Jan (advisor) ; Wintr, Jan (referee) ; Holländer, Pavol (referee)
1 Political Role of Courts and Judges from a European and Comparative Perspective Zuzana Vikarská The submitted dissertation examines European apex courts (i.e. the Court of Justice of the European Union and the European Court of Human Rights) and aims to answer the research question whether these judicial institutions are political and, if so, in what sense. The author puts forward five perspectives from which the political role of courts and judges can be analysed. The first dimension perceives judges as human beings who are influenced not only by legal rules but also by various non-legal influences, including political ones. In the first dimension, the notion of politics therefore stands in contrast to a certain idea of legal purity and separation of law from politics. This first dimension covers various jurisprudential perspectives on judicial decision-making, but also issues such as transparency of judicial institutions or the quality of judicial reasoning. The second dimension looks at the nomination procedures that lead to judicial appointments at the European apex courts. In this case, politics means the participation of political actors in the process of selecting candidates for the judicial functions. In this meaning, the notion of politics stands in opposition to the notion of expertise. The...
|
|
|
The European Court of Human Rights - Enforcement of Judgement and ist Comparison with the Procedure of the European Court of Justice of the European Union
Hilšerová, Iveta ; Hofmannová, Mahulena (advisor) ; Tymofeyeva, Alla (referee)
The European Court of Human Rights - Enforcement of Judgement and its Comparison with the Procedure of the European Court of Justice of the European Union Abstract This thesis aims to provide an overview of the enforcement of judgments of the European Court of Human Rights, following the proceedings held before that court, without which enforcement proceedings cannot be opened. The thesis is focused both on the bodies of the Council of Europe, which play a key role in this process, as well as the national bodies and the measures adopted by them in accordance with the judgments of the European Court of Human Rights. The author also focuses on the mechanisms applied both for the implementation of the measures, and during the supervisory activities of the bodies of the Council of Europe. Within a comprehensive perspective, the author focuses on the execution of judgments of the European Court of Human Rights in three Central European countries, in order to compare both the anchoring of international human rights protection in the legal systems of these countries, and the systematics of the bodies involved in the judgment enforcement, demonstrating, on concrete cases, the practical steps during the enforcement of the ECHR judgments in the Czech Republic, Slovak Republic and Austria. Considering the fact that...
|
|
|
Religious symbols in the case-law of European courts
Hnátová, Barbora ; Scheu, Harald Christian (advisor) ; Lipovský, Milan (referee)
The issue of religious symbols in European public has become very often discussed by lawyers, politicians and sociologists as well as by the lay public. This diploma thesis is trying to contribute to these discussions by comparison of case-law of European courts in the cases concerning religious symbols. The thesis therefore analyses the legal sources providing protection of religious freedom and the individual decisions of European courts regarding the presence of religious symbols in public. The thesis is divided into five chapters. The first chapter is providing the detailed analyse of the protection freedom of religion in European Convention on Human Rights and in the primary law of European Union. Then, it explains the principles of secularism and state neutrality and describes the models of relations between state and religion in Europe. The chapter two contains the introduction to the issue of religious symbols in public. The notion of "religious symbol" and "public" in the context of law is explained there. Further, it focuses on the limitations of religious symbols in public and the prohibition of concealment enacted in some of European countries. In chapter three, the cases of religious symbols in public schools are presented. The majority of European states has an interest in preserving...
|
|
|
Independent and impartial tribunal with emphasis on judgements of the Grand Chamber of the European Court of Human Rigrts
Staňková, Jana ; Tymofeyeva, Alla (advisor) ; Lipovský, Milan (referee)
The right to an independent and impartial tribunal is one of core elements of a fair trial. Therefore, it is vital to lay emphasis on this requirement. Independent and impartial tribunals are the cornerstone of a democratic and modern society respecting the rule of law. Effective fulfilment of this requirement promotes faith in courts, the judicial system and justice itself. Independent and impartial tribunals are a necessary prerequisite to protection of other rights. Although the right to an independent and impartial tribunal is enshrined in many international treaties, this requirement is not always met in practice. This problem is emphasised, inter alia, by the Council of Europe which adopted the Plan of Action on Strengthening Judicial Independence and Impartiality in 2016, due to unsatisfactory fulfilment of this requirement among European countries. The main subject of this thesis is an analysis of judgements of the Grand Chamber of the European Court of Human Rights concerning the right to an independent and impartial tribunal in a wider international context. Case law of the European Court of Human Rights significantly influences not only the general European view on human rights but it has also a substantial impact on the Czech legal environment. This thesis is divided into three...
|
|
|
Parenthood in the light of case law of the European Court of Human Rights
Dušková, Jana ; Salač, Josef (advisor) ; Frinta, Ondřej (referee)
The aim of this thesis is to analyze development of particular law fields related to the parenthood and to assess how the case law of the European Court of Human Rights influences interpretation of term parenthood, legal regulation thereof as well as practical realization of certain issues related to the parenthood. The thesis focuses especially on development of interpretation of term "family" and "parenthood", determination of parenthood, right to be a parent, right not to become a parent and right of children to know their genetic origin while a special attention is paid to controversial issues such as surrogacy, baby-boxes, assisted reproduction, abortions or secret and anonymous births. In case of all topics is cited, together with the relevant domestic case law, as well case law of the European Court of Human Rights and the thesis analyzes whether and to which extent they do correspond with each other and how the views of the European Court of Human Rights are reflected in the domestic law. Further, the thesis suggests how the Czech legal regulation could be modified in the future thanks to the influence of the European Court of Human Rights. The last part of the thesis deals with case law study and demonstrates how the Czech legal order has been modified in the past due to case law of the...
|
guest ::
