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The concept of a refugee in international law
Janováč, Adam ; Honusková, Věra (referee) ; Šturma, Pavel (advisor)
56 V. Resume The purpose of this thesis was to define the term refugee in context of international law. It divides into two main parts - historical focus and contemporary application due to Convention relating to the status of refugees. It aims to describe a term refugee but also tries to give some ideas de lege ferenda - who should be called a refugee. Times have changed since Convention has been adopted in 1951. But it survived for more than 50 years with the only substantive change. Question remains - is it a good news for refugees in modern word. Problem caused by refugees became imanent after the world war with huge waves of migration in Europe due to changes in worldwide order. First came in early twentees from Russia caused by incoming sovetian regime, soon followed by Armenian refugees and other groups of migrants, mostly of asian origin. German refugees after 1933 and above all victims of second world war who were forced to leave their homes led the lately created UN organization to adopt an international treatment to regulate status of refugees. Basic concept of 1951 Convetion lied in term well-founded fear of being persecuted. Every person applying for refugee status has to prove this fear as well as qualified reason of persecution. The Convention taxatively enumerates race, religion,...
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International law aspects of violence against women
Dianišková, Eva ; Hýbnerová, Stanislava (advisor) ; Honusková, Věra (referee)
65 11. Resumé Mezinárodněprávní aspekty násilí na ženách The international legal aspects of the violence against women The theme of this thesis is concerning with the violence against women. There are three basic areas of violence against women: 1. the area of a humanitarian law 2. trafficking in women 3. discrimination against women The humanitarian law is connected with a status of women in an army conflict. An army conflict does not necessary need to take place in several countries. There is also a possibility of a national conflict. The basic international documents in this field are Geneva Conventions and Protocols to them. Presently almost all the states in the world are contract parties of these Conventions. In 2002 The Rome Statute of the International Criminal Court entered into force. International Criminal Court is the is the first permanent, treaty based, international criminal court established to help end impunity for the perpetrators of the most serious crimes of concern to the international community. This court, among other things, helps to women as victims of the violence to be better protected. Trafficking in women is a very actual theme. There are millions of girls and women all over the world who became victims of this type of human trafficking. This is an international, organized,...
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The office of the UN High Commissioner for refugees
Čermáková, Lucie ; Hýbnerová, Stanislava (referee) ; Honusková, Věra (advisor)
The Office of the United Nations High Commissioner for Refugees This thesis concerns on the Office of the United Nations High Commissioner for Refugees and its role in the area of international humanitarian relief. The problem of forced displacement is not new, and neither are international efforts to alleviate the suffering of uprooted people. The purpose of my thesis is to analyse the influence of changes within international refugee law on the Office of the United Nations High Commissioner. I would like to find if is the UNHCR useful and efficient in the course of protecting the refugees and seeking permanent solutions for them. Another question of this thesis is associated with the role of states. Are they providing effective aid or on the other side are they building the barriers to UNHCR or other humanitarian agencies? The thesis is composed of seven chapters, each of them dealing with concrete issue of functioning of the Office of the United Nations High Commissioner for Refugees. Chapter One is introductory and describes an overview of the historical content of UNHCR. It evaluates UNHCR's predecessors and their attempts to solve the refugee problems. Chapter Two is attending to foundation, organization and financing of the Office of the United Nations High Commissioner for Refugees. The...
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International regulation of the ban on trading in women
Mikolášová, Lenka ; Honusková, Věra (referee) ; Hýbnerová, Stanislava (advisor)
9.Resumé Trafficking in people, specifically with women, is a complex, multidimensional and structured problem. It is particularly caused by poverty, a lack of working opportunities, migration, civil war, discrimination, inequality and political upheaval. These are situations that are used by organised crime groups and individuals engaged in trafficking with women, which (along with children) represent the most endangered and defenceless victims of this activity. People are not only trafficked across international borders, but within countries as well. Trafficking in people, especially women and children, always goes hand in hand with a severe breach of the victim's human rights. Universal human rights are thus breached; particularly the principle of the protection of life, human integrity and dignity and personal freedom, standardised by common international law. These obligations standardised by common law are therefore considered to be erga omnes obligations and states cannot exempt themselves from them. Even though in principle states do not bear direct responsibility for the behaviour of offenders, natural persons or legal entities, they are, however, responsible for their insufficient effort in the area of the prevention of, and the fight against, trafficking with people. Thus states are responsible...
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Attribution of Conduct to a State according to Public International Law
Bruner, Tomáš ; Honusková, Věra (advisor) ; Faix, Martin (referee)
The thesis firstly describes how the concept of attribution of private conduct to a state changed during the history. Original ancient conception of collective responsibility was absolute. One could attribute to a State or ancient community any unlawful act of its members. The damaged country or community could choose whether to demand and accept reparation or resort to use of force. This conception changed in the late middle ages and modern times. The responsibility of state was made more subjective. The international relations were perceived as inter-personal relations among the sovereigns. Unlawful conduct of private persons was not attributed to those sovereigns. This subjective conception of responsibility prevailed; it was based on concept of fault of the sovereign, either in form of action or omission or negligence. Later, the attribution of conduct of the sovereign to a State widened and included also the attribution of conduct of state organs. Since the 19th century the responsibility has been gaining more objective character in certain areas of international law. The concept of diplomatic protection allowed attribution of a failure to guarantee certain standard and of a failure to protect the interests of foreigners on the territory of particular state. Another concept of due diligence prescribed...
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