|
|
The relationship of parents to minors with regard to the specifics of domestic violence
Spoustová, Ivana ; Hendrychová, Michaela (advisor) ; Radvanová, Senta (referee) ; Voňková, Jiřina (referee)
The dissertation thesis "Relationship of parents to minors with regard to the specifics of domestic violence" focuses in particular on judicial proceedings in cases of custody of minors where family relationships are affected by domestic violence. It attempts to explain why it is necessary for the courts to take into account this fact and to adopt such measures within their decisions to provide sufficient protection to persons at risk and at the same time to stop violent behaviour. Domestic violence as a dangerous social phenomenon is described in detail; information on its individual appearances and forms is brought; briefly mentioned are also other scientific disciplines whose knowledge is important not only for the recourse of offenders and the protection of victims but also for creation of a strategy of effective prevention. Negative impacts on mental state of minors are stressed, who must be viewed in all cases of domestic violence as its victims, i.e. also when the violent behaviour is not immediately directed against them. The thesis brings interpretation of the current legislation with reference to the most important changes in the legislation in the last decade. Last but not least, measures de lege ferenda are proposed the implementation of which could contribute to eliminating this...
|
|
|
Basic elements of relationship between parent nad child (comparative study)
Sladká, Tereza ; Hendrychová, Michaela (advisor) ; Šustek, Petr (referee)
Resumé Basic Elements of Relationship between Parent and Child (a Comparative Study) The topic of my master thesis is 'Basic Elements of the Relationship between Parent and a Child, a Comparative Study'. The main purpose of my thesis is to compare rights and duties of parents and children in their mutual relationship, both at the present time and in the past, as well as in various foreign countries. I tried to provide a comprehensive overview of this issue, because a lot of parents, more so children, do not know what their own rights and duties are. The main right, and also a duty, of parents is to raise their children, however, it is just the top of all their duties and rights as parents. Nowadays rights of children are stronger than in the past, thanks to international evolution. This international evolution causes national family law to be improved, which reinforces the rights of a child. We should however remember that rights of parents represent duties for children and vice versa, rights of children are duties for parents. The thesis is composed of an introduction, three chapters and a conclusion; the chapters are further divided into subchapters. The introduction describes the structure and main goals of my thesis. Chapter One deals with the history of rights and duties of parents and children. The...
|
|
| |
|
|
Rights and obligations of parents and children with emphasis on selected issues of development of relationship between parents and children
Málková, Tereza ; Hendrychová, Michaela (advisor) ; Šustek, Petr (referee)
The family is a term, which is known in each period of history of mankind. It played, playes and will play an important role in life of every individual. It helps to create an identity of individual, a scale of values and principles, which are so necessary for happy life. The topic of my thesis is Rights and Obligations of Parents and Children with Emphasis on Selected Issues of Development of Relationship between Parents and Children. I have chosen this topic because I think that this part of family law is very interesting, especially the questions regarding to the determination of parenthood in the time of the medical breakthroughs. The purpose of my thesis is to analyse Czech legislation with regard to international law. The thesis is composed of six chapters, each of them dealing with different aspects of the relationships between parents and children and the determination of parenthood. Chapter one is introductory. It is subdivided into four parts. Part one deals with history of legislation of relationships between parents and children. Part two describes general features of this relationships. And third and fourth parts sort rights and obligations into groups and analyze the issue of a parental responsibility, which are the basic rights and obligations of parents and children. These rights and...
|
|
|
Parental responsibility
Steinerová, Jolana ; Hendrychová, Michaela (advisor) ; Šustek, Petr (referee)
Parental responsibility Resumé - Zusammenfassung In der Arbeit habe ich mich mit Felsenklippen beschafft, die aus der spezifischen Verhältnisse zwischen Eltern und Kinder stammen, die Spezifität dieses Verhältnis ist durch die tatsächliche Ungleichheit den Subjekten gegeben, mit der Notwendigkeit die Schutz der schwächeren Seite - des Kindes zu sichern, ihren persönlichen Rechten sowie materialen Versicherung. Weiter die begrenzte Fähigkeit zu rechtlichem Tun des Kindes löst aus nicht nur den Brauch für es handeln, aber auch die Notwendigkeit es lenken, erziehen und die Aufsicht von ihm ausüben, denn das Kind hat begrenzte delinquente Fähigkeit, und die eventuelle Verantwortlichkeit für die Schaden, die einerseits dem Kind anderseits den dritte Personen verschuldet sind, tragen in der Regel die Eltern. Zu dem Vollzug diesen spezifischen Rechten und Pflichten den Eltern ist nötig ihnen die Kompetenz zu überlassen, die wir in anderen rechtlichen Verhältnisse auch nicht finden. Einer der Zielen meiner Arbeit war zu forschen, wie diese tatsächliche Ungleichheit zwischen den Subjekten die rechtliche Aufbereitung kompensiert, denn der Schutz der schwächeren Seite ist eine der Grundsatz, an denen das Privatrecht und vor allem Bürgerrecht basiert. Der Zweck meiner Arbeit war weiter zu lösen, wie die rechtliche...
|
|
|
Parental responsibility and its exercise
Nováčková, Petra ; Radvanová, Senta (advisor) ; Frinta, Ondřej (referee)
Parental responsibility and its exercise The aim of my final thesis is to analyze parental responsibility and its exercise in the Czech rule of law by the Czech's principle. These thesis contain chapters about historical trends of family law, children rights and development of mutual law and duties of parents and children from the past to present. Some space is also devoted for government interference into parental responsibility. The reason why I chose the theme of parental responsibility for my final thesis is its current status which can be involved for everyone. Final thesis is divided into seven chapters. First chapter contains two parts. The first part is describing family law and explaining its position in a general law and its subject and principle. Second part is about family concept, protection, historical evolution and current situation. The second chapter is connected with legal children's status. It contains five parts. The first part is focused on children's rights, second part is describing a historical origin of the right. The third part is devoted to detail description of children's rights which are included in the Convention of Children's rights. The forth part is dealing with children's duties and fifth part is enlarged children as a juristic person. The third chapter is named...
|
|
| |
|
|
Divorce of marriage and its impact on the education of dependent children
VITHOVÁ, Jana
Divorce rate in the Czech Republic is high. In 2013 an increase of the number of divorces was recorded in comparison to the previous year 2012. A total of 27 900 marriages were divorced in 2013. Majority of which had underage children. Marriage divorce is one of the most stressful things in the life of a human being and is the consequence of long crisis in the marriage. Common cause of this crisis are different personalities, opinions and interests, cheating, alcoholism or lack of interest in the family. Divorce is a difficult time for parents and thein children and its consequences are manifested in everyday workings of the family. This work is divided into theoretical and practical parts. Theoretical part explains the basic concepts, for example: divorce of a marriage and its causes, legal interventions of divorce and situation of minors after the divorce, for example: exclusive single parent care, both parent care, alternating care. Following this the work deals with children's communication with the second parent, classmates, friends; Their school results and the change in their behaviour and behaviour disorders after the divorce. Practical part consist of determination of main and secondary target, description of chosen research process its methods and technique.The practical part contains a truncated form of reports on the results and the conclusion with recommendations for practical use. Main aim of this work was to find out how parents percieve consequences of divorce on the upbringing of their underage children. Secondary's part aim was to find out which parts of child raising were affected the most by the divorce. Thesis was processed by the qualitative research form. Questioning method was also used with the semi-structured conversation. Research file was created from five divorced marriages with underage children, which lived through divorce proceedings and at least a year passed. In the scope of the research it was found out, that parents perceive the consequences of the divorce on the upbringing of their children and that they try to minimise said consequences. It was also found out which areas of child raising the divorce effects the most. With this the main and secondary goal was fulfilled. This bachelor's thesis could be used as a theme for this subject in the form of quantitative research. The results could then be transferred to the general plane.
|
|
|
Third-party custody according to § 45 of the Family Code Act.No 94/1963 Coll.
STELLNEROVÁ, Alena
Abstract The focus of this thesis is to determine the issues of Third-party custody according to § 45 of the Family Code. Third-party custody is a form of foster care. A custody request according to § 45 of the Family Code is generally submitted by child's grandparents, but also other relatives. Yet it is possible for a person who is not related to the child by blood to apply for custody if they can guarantee a proper education. Third-party custody is determined primarily upon child's interests. The aim of my work was to establish reasons behind submitting a custody request. The research pool included families under supervision of municipal authority Dačice that have a single child or more children in custody. The pool consisted of 13 families, 17 adults and 22 minors. In order to reach the objective the qualitative research was chosen, I employed survey research, semi ? structured interview with individual respondents who have a child in custody and content analysis. 17 families with children in custody under supervision of municipal authority Dačice participated in the interviews. Questions were open. Every respondent was given a chance to make their own statement. Interviews were held in January and February 2013 either at municipal authority Dačice's offices or in the respondents' household, in one case the interview was conducted at respondent's workplace. The interview took approximately 1 hour for each respondent. Respondents were given an explanation why the interview was being conducted and were assured that all information given during the interview will remain anonymous. All respondents agreed to the semi-structured interview. Additional information was obtained from case files of minors, who were placed in custody of third adult by court and are overseen by social care department of municipal authority Dačice. All cases are overseen by the appropriate municipal authority based on minor's permanent residence. The research indicates that the reasons behind the third-party's custody requests according to § 45 of the Family Code lies within a dysfunctional biological family. In many cases the reason behind a custody request was a combination of various factors. Most often the reason was an unfit mother who either didn't want custody of the child or was incapable of caring for the child due to drug or alcohol abuse. The fact that these are mostly single or divorcing mothers plays a role too. In other cases there were fathers who failed at caring for their children due to the mother dying or abandoning the family. Research shows that the maternal grandparents are those who request custody most often. Only one respondent wasn't related to the child by blood. Considering the issue of grandparents being awarded custody most frequently the reasonable question is that of an average age of the respondents which was between 60 and 70 years. That it is primarily the grandparents who apply for custody is undoubtedly result of them having an emotional connection to the child and they feel morally obliged to take care of their grandchildren. They are aware of the family situation, they know what is going on within the family and how the parents wield or don't wield their parental responsibility. Children in custody of their blood relatives with close family ties adapt easier. It is to be expected that such children won't suffer from identity perception disorder. They know their roots, family values and rituals; they know where they come from.
|
|
|
Relative foster care
VOLECHOVÁ, Olga
The first goal was to map the issue of the foster care exercised by children?s relatives which was registered at the Municipal Office in Písek in 2009. The second goal was to find reasons for the consigning of children into that form of substitute family care. Two research corpuses were designated and the strategy of quantitative research was chosen for objects achieving. Two hypotheses were set: Hypothesis No. 1: Most of the children who are in the foster care of their relatives are in some contact with their own biological parents. Hypothesis No. 2: Parental failure to perform rights and duties regarding children?s welfare is the most frequent reason for putting children into foster care exercised by children?s relatives. Hypothesis No. 1 was proofed. Hypothesis No. 2 was not proofed
|
guest ::
