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Constitutional Rights: An Internal Critique
Abel, Martin ; Ondřejek, Pavel (advisor) ; Tryzna, Jan (referee) ; Káčer, Marek (referee) ; Kyritsis, Dimitrios (referee)
Constitutional Rights: An Internal Critique Martin Abel Abstract Proportionality test is a core instrument of human rights law. In one of its steps, governments must convince the courts that limiting the right pursued a legitimate aim. The right-holders, however, are saved the effort. Without obvious reasons why, the courts take legitimacy of individual action for granted. Due to this asymmetry, even malicious or hateful conduct enjoys at least prima facie protection, as long as it is subsumable under one of the listed rights. The thesis explains the proportionality test asymmetry by its relation to one particular conception of rights, called the I-conception. Under the I-conception, rights are abstract principles that ought to be realised to the highest degree. It is based on the philosophy of Thomas Hobbes or Immanuel Kant who insisted that all limits of natural rights must be the product of will. The thesis presents an alternative conception of rights, one that anchors rights in critical morality, making them subject to limits from natural law, too. It argues that such was the conception of rights among famous Christian-Aristotelian philosophers and that even John Locke properly understood is the heir of this tradition. The thesis sources heavily from the works of intellectual historians in order to show...
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Constitutional aspects of the Protection of the Rights of the Child
Čečáková, Magdalena ; Hofmannová, Helena (advisor) ; Kindlová, Miluše (referee)
Constitutional aspects of the Protection of the Rights of the Child Abstract This thesis is concerned with the protection of the children's rights from the perspective of constitutional law and human right. The thesis aims to evaluate constitutional guatantees for the protection of children. Children are considered vulnerable persons worthy of special protection, however, the developlment of their rights and the move out of a paternalistic approach has only recently begun. Thus, there is a need to adapt children's rights to today's society and current scientific knowledge to avoid unnecessary discrimination and non- involvement of childen in the processes. The text is divided into a theoretical part in whicch the history of the view of the child the history of children's rights, the organization and instituition, both national and international, concerned with the protection of children's rights are presented. The most important of these documents is the Convention on the Rights of the Child, whis is then dealt with in the practical part and which is considered part of the constitutuional order. At the end of the theoretical part, the concept of the child is introduced, which permeates the entire practical part of the thesis. The practical part is divided into four parts, each representing one of the four...
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Ethical reflection of access of undocumented immigrants to healthcare in the Czech Republic
Surová, Zuzana ; Štica, Petr (advisor) ; Bouma, David (referee)
The diploma thesis "Ethical reflection of access of undocumented immigrants to healthcare in the Czech Republic" deals with ethically relevant aspects of access of undocumented immigrants to healthcare and healthcare system in the Czech Republic. The thesis focuses on healthcare in relation to human rights and on the role of states as a guarantor of human rights. The diploma thesis will reflect this topic from perspective of human rights and from ethical perspective. The thesis aims to propose measures of legislation scope in area of healthcare as well as immigration politics in the Czech Republic, which should contribute to find ethically responsible and human rights-oriented solution concerning the access of undocumented immigrants to healthcare and healthcare system. Keywords migration; undocumented immigrants; human rights; health care; health care system; Czech Republic
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Human rights in the times of coronavirus
Bubeník, Jan ; Antoš, Marek (advisor) ; Kudrna, Jan (referee)
The theme of the thesis "Human rights in the times of coronavirus" is an analysis of exceptional situation as coronavirus pandemic which occurred on the territory of the Czech republic in years 2020 to 2022 and its range and impact represented a completely unprecedented exceptional situation. In connection with that, crisis legislation was used to an unseen extent, showing its drawbacks, in some cases amplified by the approach of the crisis management bodies and public health protection authorities. The aim of this thesis is to analyse crisis legislation, approach of the crisis management bodies and public health protection authorities during the covid-19 pandemic. To provide a comprehensive representation, an outline of the course of the pandemic on the territory of the Czech Republic is given in the initial part of the thesis, whereas approach of the bodies and authorities mentioned above was directly linked to this. The part describing the course of the pandemic is followed by the part in which the state of emergency is analysed, including its nature, process of issuing and problems linked to the state of emergency, mainly originating from its repeated extension. The process of issuing emergency measures and selected individual limitations are also analysed. In the part dealing with individual...
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The connection between inner conscience and suffering: an attempt at basic clarification
KALIÁNOVÁ, Jana
The presented work focuses on the connection between conscience and suffering and the main basic clarification of the two. This is demonstrated using a specific example from Czech history, on the activities of Charter 77, in connection with the legacy of Jan Patočka. First, the work sheds light on ethical notions such as morality, morals, conscience, and suffering, as well as the ethical categories of good and evil. Then the activity, the meaning of Charter 77, is characterized as a practical example of working with the moral aspects of man. The thesis' major purpose was to uncover and examine Jan Patoka's attitude toward conscience and suffering as a result of fidelity to one's own principles in relation to Charter 77. The conclusion illustrates the importance of man as a human being with its values. Especially when it comes to pedagogical practice. The work is theoretical and in its central part explains the states of conscience and suffering in relation to man.
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A life of single mothers in the Czech Republic during COVID-19 pandemic
PLASSOVÁ, Monika
This Diploma Thesis concerns with COVID-19 pandemic that had a severe impact on life of single mothers. The goal of the thesis was to introduce real life experiences of single mothers based on current professional resources, literature and a created survey to determine a way life situation of particular single mothers was evolving at the beginning and during the pandemic in years 2020 and 2021. This Thesis used a quality based survey. The main issues found were insufficient financial security during the pandemic, unemployment, discrimination and breaching of human rights.
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The ethical aspects of handeling the bodies of deceased
VIKTOROVÁ, Nikola
The diploma thesis deals with the ethical aspects we can indentify when dealing with bodies of the deceased. It describes how the deceased body is treated with respect to human dignity or human rights and also shows how the deceased's body was treated in the past and how funeral ceremonies and burials of the human remains looked like. It also deals with the evaluation of the approach to dead body these days. The procedures after death are described as well as the forms of funeral, funeral services or cemeteries. The thesis marginally deals with the funeral customs of selected ethnic minorities living in our territory. A special area is dedicated to the treatment of deceased children, the possibilities of their burial and farewell to their parents. Ethical issues in the field of organ donation are presented here also in the end.
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The conception of human rights in Chechnya and neighbouring countries betwen 2009-2019
ROŠTINSKÁ, Anna
The Thesis is about compliance with human rights in Chechnya. It points out ethical and human rights approaches towards the selected topic. The Thesis also describes social work in the context of Muslim laws, where it's trying to connect social work and Muslim laws. It also points out ethical ties and some ethical theories that deal with, for example, honor killing and others. It also deals with religious and political topics that contribute to the explanation of the human rights concept in Chechnya. It's also focused on the explanation of basic concepts in the field of human rights and muslim religion which helps to explain the whole problematics. In the ethical processing part, it explains potential approaches towards the interpretation of human rights as a whole, using some theories. In conclusion, I outline and suggest my own proposals that could improve the situation related to social work in Chechnya. I also ponder about whether I've fulfilled the objective of the work and what new findings it can bring, especially in the field of social work.
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Globalizace a její dopad na život člověka v rozvojových a vyspělých společenstvích (zemích)
KARBOVÁ, Martina
The diploma thesis deals with impacts of globalization on human living in developing and developed communities (countries). The introduction is devoted to the general definition and explanation of the concept of globalization, its history, positive and negative aspects of globalization as well as global problems and risks, but also global ethics and its perspectives. Furthermore, this work is focused on three areas, namely economic, social and ecological. The economic part is devoted to ethical topics in the field of production, global business ethics, the topic of Fair Trade, the global problem of poverty and also developing countries. The third chapter deals with international social work, humanitarian and development aid and non-profit organizations. The last, fourth chapter deals with ecological globalization and the impact of ecological problems on humans. The aim of this work was to point out the processes of globalization, especially economic, social and ecological, which have an impact on the standard of living in developing and developed communities (countries). The means to achieve the goal was studied literature.
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Comparison of gay marriage in the Czech republic with German speaking countires
SMOLOVÁ, Tereza
This bachelor´s thesis deals with possible types of relationships between homosexual couples in the Czech Republic and in the Federal Republic of Germany, the Republic of Austria, the Swiss Confederation and Principality of Liechtenstein, and their comparison. It offers an introduction to the issue of same-sex relationships and concentrates on comparing of the situation in the mentioned countries. It works with valid legal regulations of particular countries, which adjust the relationships of homosexual couples. This thesis also tracks the development of legislation in the process of equalization of homosexual and heterosexual couples in the field of family law to April 2021. The main criterion for comparison of the situation in the mentioned countries is the possibility for same-sex couples to enter a marriage or an analogous kind of relationship with similar rights and obligations, which bears a resemblance to legal relationships between married couples. Except corresponding laws, this bachelor´s thesis concentrates on social context and political development, which reflects the social course of events.
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