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The Question of Legality of the Threat or Use of Nuclear Weapons in the Context of the War in Ukraine
Vetýšková, Eliška ; Ondřej, Jan (advisor) ; Tymofeyeva, Alla (referee)
1 The Question of Legality of the Threat or Use of Nuclear Weapons in the Context of the War in Ukraine Abstract This thesis aims to examine the legality of the threat or use of nuclear weapons by applying sources of the international public law. This is achieved by means of using analytical and comparative methods. The key sources analysed in this thesis are general principles related to the law of international security, permissible use of force (ius ad bellum), and the principle of the law of armed conflicts (ius in bello). The main document opining on the legality of nuclear weapons is the "Advisory Opinion of the ICJ on the Legality of the Use of Nuclear Weapons". The legality of the threat or use of nuclear weapons is inextricably linked to the general prohibition of the use or threat of force against the territorial integrity and/or political independence of states, established in the UN Charter. Taking the UN Charter into consideration, the use and even the threat of use of nuclear weapons may potentially be considered as a violation of the public international law. From the in ius ad bellum perspective, there is no common rule that prohibits the use of nuclear weapons. The possibility of any such rule being established is directly eliminated by the principle of nuclear deterrence. From the ius in...
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Right to education in European documents
Pehrová, Klára ; Tymofeyeva, Alla (advisor) ; Honusková, Věra (referee)
Right to education in European documents Key words Education, right to education, European documents, Court of Justice of the European Union, European Court of Human Rights, Human Rights Abstract The right to education is a fundamental human right that has been enshrined in numerous international legal documents. This thesis deals with the enshrinement of the right to education in European documents and in the complex of human rights since its enactment. The aim of the thesis is the analysis of the right to education in the European context while its main focus is to provide a characterization, analysis and comparison of the codification of the right to education in Euroepean documents. Firstly the thesis presents the enshrinment of the right to education in the European convention on human Rights as amended by the Additional Protocols which served as important source for the creation of the Charter of Fundamental Rights of the European Union. Secondly the thesis presents the enshrinment of the right to education in the Charter of Fundamental rights of the European Union which is one of the youngest and most comprehensive catalogues of the human rights in the world. The thesis contains key case law from the European Court Human Rights and the Court of Justice of the European Union. Thrirdly in the...
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European Convention on Human Rights and its response to hate crimes and hate speech
Kundrák, Viktor ; Hofmannová, Mahulena (advisor) ; Tymofeyeva, Alla (referee) ; Jílek, Dalibor (referee)
The doctoral thesis deals with the issue of hate crime and hate speech in international law, specifically the protection of victims of acts falling under both categories within the framework of the European Convention on Human Rights. It describes the conceptual development of both phenomena and their regulation in international law, including both hard law, i.e. binding international law, and soft law, at both the universal and regional levels. Regarding hate speech, it highlights the crucial role of international freedom of expression protection and the different standards and requirements imposed on states based on the severity of the speech. It extensively analyzes the case law of the European Court of Human Rights in relation to both areas, introducing the category of verbal hate crime, which lies between hate crime and hate speech. It describes the parameters and limits of victim protection in relation to both types of behaviors and outlines possible future directions for the development of the Court's case law in the context of binding instruments at the universal level and the dynamic development of international soft law. In the area of hate crime, it focuses on the reflection of the need for a comprehensive response to the phenomenon, going beyond the procedural obligation of effective...
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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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