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Protection of reproductive rights in the case law of European Court of Human Rights
Sýkorová, Petra ; Lipovský, Milan (advisor) ; Tymofeyeva, Alla (referee)
Protection of reproductive rights in the case law of European Court of Human Rights Abstract Irrespective of the fact that reproduction and sexuality are very intimate issue for each person, reproductive rights very often face restrictions, doubts, and attacks. This is also the case in Europe. Hence this paper deals with the topic of protection of reproductive rights in Europe, more specifically with the stance on the protection of these rights by the European Court of Human Rights. The aim of this paper is to explore the stance of ECHR on the protection of these rights. The author of the paper asks the research question: What is the position of ECHR regarding the protection of reproductive rights? At the same time, the paper points out to certain defects in the Czech legal regulation which could, arguably, lead to violation of the European Convention on Human Rights. The paper uses the method of critical analysis on the decisions of ECHR and evaluates the significance of these decisions. The paper uses the case law of ECHR as the primary source while drawing on subsidiary sources such as international organizations' documents or academic articles. Reproductive rights are examined through the human-rights approach with the emphasis on the women's rights in this area. This paper is divided into three parts....
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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...
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The protection of Indigenous women in the context of Inter-American Human Rights System
Sedláčková, Petra ; Tymofeyeva, Alla (advisor) ; Lipovský, Milan (referee)
The protection of Indigenous women in the context of Inter-American Human Rights System Abstract The aim of the thesis is to identify the means of protection of Indigenous women's rights. The author rises the subsequent questions: (i) which documents of this regional system offers protection to Indigenous women and based on what reason; (ii) what bodies operate in the Inter-American framework and Indigenous women can turn on them; (iii) what violations of rights have been addressed in the jurisprudency of the Inter-American Court of Human rights and what meaning does it have regarding to protection of Indigenous women? The first part contains the crucial documents in the topic of protection of indigenous women's rights. The author refers to the role and relation of both basic regional catalogues of human rights, American Declaration of the Rights and Duties of Men and American Convention on Human Rights. She also refers to a quite recent document, American Declaration on the Rights of Indigenous Peoples that offers expressis verbis some protection to Indigenous women. Apart from that, other documents providing special protection to certain groups are analysed: Inter-American Convention on the Prevention, Punishment and Eradication of Violence against Women, Inter-American Convention on Forced Dissappearence...
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Legality of the realization of the right to self-determination of nations in the form of unilateral secession
Fejfar, Jakub ; Tymofeyeva, Alla (advisor) ; Honusková, Věra (referee)
Legality of the realization of the right to self-determination of nations in the form of unilateral secession Abstract This rigorous thesis deals with issues of statehood, nations, the right of nations to self- determination and its realization in the form of a unilateral secession. The key issue is the mutual relationship between the right to self-determination of nations and the right to territorial integrity of the state. This thesis deals with two main research questions, whether the unilateral secession can be described as a legal possibility of the state. Furthermore, which principle has more relevant in contemporary public international law in the assessment of unilateral secession: the principle of self-determination of nations or of the whole of the state. In the first chapter, first attention is devoted to the concepts of state and nation, and two fundamental principles of international law, namely the principle of self-determination of nations and the principle of territorial integrity of state territory, are analyzed. The second chapter introduces the most important theoretical approaches to secession theme, such as J. R. Wood, M. Hechter, D. L. Horowitz and especially A. Buchanan's Remedial theory. Further attention is paid in this chapter to the current adaptation of secession in public...
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International Arbitration and its roots
Šídlová, Kateřina ; Balaš, Vladimír (advisor) ; Tymofeyeva, Alla (referee)
International Arbitration and its roots Arbitration, or in other words peaceful settlement of the dispute, is currently one of the most used methods of settlement of the disputes both on international and national levels. Considering the high augmentation of the disputes resolved through the means of arbitration especially in the last twenty years of this century the arbitration can boldly compete with the judicial resolution of the disputes in popularity and in the number of resolved cases. Considering the augmentation of use of arbitration clauses especially in the private law contracts, there is often a wrong idea, that the process of arbitration is primary an institute of the private law and that it is a new institute, which has been created in the modern times and historically did not exist at all. In chapters four till six of my thesis I will be focusing on proving that roots of today so often used institute of arbitration run deep in the history, till the times of Ancient Greece even, which was the cradle of the civilization as well as of the arbitration. Subsequently I will in this part map the evolution of the arbitration during the two thousand years of its existence, when on this I will show which aspects of the arbitration prevailed to these days and in which aspects contrary is the...
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Compensation of victims of the most serious crimes
Penc, Lukáš ; Hýbnerová, Stanislava (advisor) ; Tymofeyeva, Alla (referee)
Title of the diploma thesis: Compensation of victims of the most serious crimes Abstract This diploma thesis deals with the compensation of victims of the most serious crimes in international law. These crimes present a violation of jus cogens and their consequence is erga omnes obligation. At the same time, it is extremely difficult to compensate these crimes from the reason of mass or systematic character of their committing. The goal of the thesis is to analyse its research questions and to respond to them. These research questions are contractual and also customary regulation of content of the responsibility duty, with emphasis on the question of whether it is possible to deem the compensation of victims of the most serious crimes as part of the responsibility duty of relevant subjects, mainly states, and furthermore, the question of which resources can serve to effective compensation of victims of the most serious crimes. The thesis is divided into four chapters, the first chapter deals with historical genesis of the responsibility for the most serious crimes and clarifies fundamental terms, whereas following chapters correspond to research questions of the thesis. The second chapter of the thesis analyses contractual and customary regulation of content of the responsibility duty. This analysis has...
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Venice Commission's Contribution to Development and Protection of Fundamental Human Rights
Illková, Natalie ; Bílková, Veronika (advisor) ; Tymofeyeva, Alla (referee)
The topic of this diploma thesis is European Commission for Democracy through Law, i.e. Venice Commission, and its work. The Venice Commission is an advisory body on constitutional matters of the Council of Europe. The Commission provides legal advice to its member states in the fields of democracy, human rights and the rule of law. The goal of this thesis is to determine whether Venice Commission's human rights agenda makes a substantial contribution to the human rights protection and if it does, then in what ways, i.e. what means it uses and to what extent are they effective. This diploma thesis is divided into seven parts, which are then further subdivided into chapters. In Part 1, the Venice Commission is introduced - with an emphasis on its structure and members. The following part continues to describe the different types of Venice Commission's activities and authored documents. In these documents, the Venice Commission provides states with legal advice on how to unify their legislation with the European standards of human rights protection. Part 3 records the 30-year development of this international body. In the next parts, the work focuses on the Venice Commission's activity in Europe and other regions. The text analyzes which systems of human rights protection are deployed in different...
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Human Rights Impact of Business Activities of Private Entities
Brodská, Jitka ; Scheu, Harald Christian (advisor) ; Tymofeyeva, Alla (referee)
Human Rights Impact of Business Activities of Private Entities ABSTRACT AND KEY WORDS Abstract: The thesis focuses on human rights impact of business activities of private entities. Within the UN context, it is the concept of "business and human rights" which addresses the issue. The thesis aims at depicting the current international legal framework relating to impact of business activities on human rights. The thesis examines the benefits of the UN Guiding Principles on Business and Human Rights, the authoritative framework and the global standard of practice for preventing and addressing the risk of adverse impact of business activities on human rights. While the Guiding Principles do not constitute a legally binding document, they build on existing standards and include elements covered in international and domestic law. The three-pillar framework consists of the State duty to protect human rights, the corporate responsibility to respect human rights, the access to remedy for victims of business-related abuse. Almost seven years after their adoption, there are numerous examples of how these Guiding Principles have been integrated into the Governments' national action plans, policies and regulations, policies of international and regional organisations. The thesis describes few examples of national action...
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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...
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International mediation as a tool for ethnic conflict resolution in Africa
Láníková, Hana ; Tymofeyeva, Alla (advisor) ; Faix, Martin (referee)
This diploma thesis deals with mediation as an instrument for ethnic conflict resolution in Africa. The author determined the feasibility and effectiveness of mediation as a tool for solving the ethnic conflict in Africa as the research topic of this thesis. The aim of the diploma thesis is to provide an evaluation of the current international legal regulation of mediation, of its sufficiency and integrity. Furthermore, the author aims to provide a comprehensive and complex view of the use of mediation in ethnic conflict resolution in Africa through an interdisciplinary analysis of the academic literature, both from Czech and foreign sources. The author sees her personal contribution by writing this thesis in the fact that in the Czech Republic the issue of mediation as a tool for ethnic conflict resolution has not been systematically researched yet. This diploma thesis is divided into four chapters, which are further subdivided into subchapters. The introductory chapter of this thesis describes a theoretical introduction to the issue of ethnicity and its legal regulation. Furthermore, the author deals with the origins of ethnic conflicts. The second chapter deals with the legal framework for international settlement of conflicts. This chapter also discusses in detail the various possible ways of...
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