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Comparing human rights arguments against women's suffrage and samesex marriage
Kubicová, Kateřina ; Hofmannová, Helena (advisor) ; Uhl, Pavel (referee)
This thesis focuses on the new human rights and their significance in the context of current legislation and case law. It defines their content and possibilities of their regulation, as well as provides specific cases and doctrinal concepts. The new human rights include the rights of members of the LGBTQ+ community. This thesis focuses in more detail on the topic of same- sex marriage, which is widely discussed (not only) in the Czech Republic. These marriages have not yet been allowed in our country, although the European trend is different - it is therefore appropriate to ask what the current arguments of their opponents are. They mention, for example, the historical aspects of the institution or the potential threat to traditional schemes. Its supporters, on the other hand, stress the importance of equal rights for all, regardless of their sexual orientation or gender identity. The thesis also uses a traditional constitutional law tool, the proportionality test, to compare these positions, which primarily weighs the importance of the rights on both sides. This paper focuses on comparing the arguments used by contemporary opponents of same-sex marriage with those historically used by opponents of women's suffrage. The primary reason for this choice is that these arguments overlap to a large extent. Yet,...
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Equality of rights and dignity in the jurisprudence of the Czech Constitutional Court
Janáč, Václav ; Hofmannová, Helena (advisor) ; Horák, Filip (referee)
Equality of rights and dignity in the jurisprudence of the Czech Constitutional Court - Human dignity and the human being as an object Abstract This thesis analyses in detail the approach and jurisprudence of the Czech Constitutional Court to human dignity and the objectification of man. Using a historical and theoretical context, key ideological trends that have influenced the development of the concept of human dignity are presented. Beginning with the ancient understanding of dignity as personal honour and social status, the thesis gradually traces the development of human dignity to the ideas of I. Kant, who laid the foundations for the prohibition of the instrumentalisation of the human being. The focus is on German wartime and post-war developments. From the wartime period of World War II, the thesis briefly discusses the Nazi Euthanasia program. The reasoning of the post-war German Constitutional Court subsequently became a source of inspiration for the decision-making of the Czech Constitutional Court. Subsequently, the approach of the Czech Constitutional Court to human dignity and to certain problematic issues related to the application of the Charter of Fundamental Rights and Freedoms is discussed. These include the anchoring of human dignity in Article 1 of the Charter and Article 10(1) of the...
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The position of the Constitutinal Court in the system of separation of powers in the Czech Republc
Schneider, Jan ; Hofmannová, Helena (advisor) ; Suchánek, Radovan (referee)
The position of the Constitutional Court in the system of separation of powers Abstract The thesis deals with defining the position of the Constitutional Court in the system of separation of powers in the Czech Republic. In order to understand the role of the Constitutional Court, it is important to understand the historical context, therefore the first part of the thesis deals with the development and concepts of constitutionalism and constitutional justice. In this part, the thesis will focus on important thinkers who have influenced the way of thinking about the modern state and the separation of powers. Subsequently, constitutional justice is concentrated and diffused. The second chapter deals with the development of the Constitutional Judiciary in Bohemia, from the Habsburg Monarchy, through the period in Czechoslovakia in 1918-1938, then the period from 1945-1989 and finally the Constitutional Court which was established in 1991. The third chapter will focus on the Constitutional Court of the Czech Republic, its establishment and legal regulation, the characteristics of the court as an institution, the function of a judge of the Constitutional Court, the specifics and individual types of proceedings before the Constitutional Court and the manner and binding nature of the Constitutional Court's...
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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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Constitutional Aspects of Imprisonment Focusing on the Protection of Family Life
Bohuslavová, Adéla ; Hofmannová, Helena (advisor) ; Suchánek, Radovan (referee)
68 Constitutional Aspects of Imprisonment Focusing on the Protection of Family Life Abstract This thesis aim is to analyze some constitutional aspects of imprisonment relating to the fundamental rights and freedoms of convicts. The thesis is divided into two parts - the general part and the special part, which is aimed specifically at protecting family life. The general part theoretically deals with the definition of the meaning and purpose of imprisonment and its execution, the status of convicts as holders of fundamental rights and freedoms, constitutional limits of restrictions on their fundamental rights and freedoms, and the means of their judicial and other legal protection. Except for the third chapter dealing with the role of protection of family life when imposing a prison sentence, the special part focuses on the protection of family life during the period of imprisonment. It discusses the issue of placement and relocation of convicted parents, interventions in parental responsibility associated with the imposition of imprisonment, and analyzes specific institutes for protection of family life (such as visits, written and telephone communication, postponement or suspension of sentence, stay of the child with the mother in prison). The special part concludes with an overall evaluation of the...
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Freedom of speech, its guarantees and limits in the context of Czech media
Šťastný, Ondřej ; Hofmannová, Helena (advisor) ; Gronský, Ján (referee)
(K práci pouze volně přikládám, protože abstrakt není vyžadován platným zněním Rigorózního řádu Právnické fakulty Univerzity Karlovy). Mgr. Ondřej Šťastný Rigorózní práce se zabývá vybranými aspekty svobody projevu tak, jak je vymezena v našem právním řádu a v právu mezinárodním a evropském. Zvláštní pozornost věnuje limitům svobody projevu a střetům tohoto politického práva s jinými základními právy. Významná část práce je věnována detailnímu rozboru zásadních judikátů, které v posledním desetiletí formovaly podobu a meze svobody projevu v České republice. Konkrétně jde o vesměs hojně veřejně diskutované kauzy, ve kterých figurovala média. Jsem přesvědčený, že je to právě konkrétní soudcovské dotváření práva, kde lze vysledovat mnoho inspirativních právně-filosofických názorů na to, jak má svoboda projevu v naší (stále ještě mladé) demokracii vypadat. Abstract This work deals with the selected aspects of the freedom of speech as it is guaranteed in Czech, International as well as European law. Special focus is put on the limits of the freedom of speech and its conflicts with other basic freedoms. Important part of the work is dedicated to the core cases, whit traced the shape of the freedom of speech in the Czech Republic in the 2000s. For the most part, these are the frequently discussed cases...
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Freedom of worship - its constitutional and statutory regulation and reflection in the caselaw of the Constitutional Cour
Popelková, Martina ; Hofmannová, Helena (advisor) ; Suchánek, Radovan (referee)
This thesis aims to analyze legislation of the Czech legal order concerning religious freedom. The work is divided in two parts. The first part of the thesis deals with the definition of religious freedom in the first place. Afterwards the thesis describes the Constitutional law relating to the religious freedom (especially the Article No. 15 and No. 16 of the Charter of the Fundamental Rights and Freedoms of the Czech Republic), international conventions relating to the theme (e.g. The Universal Declaration of Human Rights, The International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights etc.) and further statutory provisions and legislative rules guaranteeing religious freedom in the Czech Republic. Major part of the thesis relating to the statutory provisions and legislative rules deals with the act No. 3/2002 Coll., on Freedom of religion and the status of churches and religious societies, as amended. The act No. 3/2002 Coll. constitutes basis of regularization of the freedom of religion in the Czech Republic. Various provisions of the act No. 3/2002 Coll. were subject to review of the Constitutional Court of the Czech Republic due to their unconstitutionality. The second part of the thesis discusses various decisions of the...
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