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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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The issue of child soldiers in international law with regard to the African regional regulation
Kubíčková, Anna ; Honusková, Věra (advisor) ; Bayerová, Monika (referee)
The main purpose of this thesis was to give a general overview of the problem of child soldiers and their protection among international law conventions and among regional law agreements with the focus on the African continent. The use of child soldiers in armed conflict is qualified as one of the worst forms of child labour.The majority of child soldiers are active in Africa and, to a lesser extent, in the Middle East and Asia. Besides introduction and conclusion, the study consists of five chapters. The first chapter describes the protection of child soldiers on the international level. Therefore it is focused on individual conventions, especially on Geneva Conventions, Additional Protocols to the Geneva Conventions, the Convention on the Rights of the Child, the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict, the Optional Protocol to the Convention on the Rights of the Child on a Communications Procedure, but as well on the International Labour Convention No. 182 or the Rome Statute. The soft law represents Paris principles. Discussed is particularly the question of the age limit for child participation in armed conflict. The second chapter is concerned with the international control mechanisms, resulting from the above-mentioned...
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Borders and their protection in the context of the International Human Rights Law and state sovereignty
Fárková, Iva ; Honusková, Věra (advisor) ; Flídrová, Eliška (referee)
Borders and their protection in the context of the International Human Rights Law and state sovereignty Abstract This diploma thesis deals with the state borders, especially their determination and protection in connection with the state sovereignty and contrast with human rights. It tries to answer the question of where the sovereignty and human rights meet within the protection of state borders. State borders define the state territory which is one of the features of the state, as perceived by Public International Law. The most precise definition of the state territory is essential from the point of view of the state itself, as it thus has an idea of the scope of its competence. The state exercises its territorial authority over its territory, just as it exercises its power over the inhabitants of that territory. At the same time, the state is obliged to ensure security on its territory and its inhabitants, which is related to the protection of the state borders and the need for their control by the state. The determination of the state borders and therefore their control is clearly related to state sovereignty. However, excessive protection and control of the borders can easily be in conflict with human rights, in particular the freedom of movement and residence. Then it is important to think and...
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Rights of transgender persons according to the ECHR with focus on sex reassignment
Šebková, Karolina ; Lipovský, Milan (advisor) ; Honusková, Věra (referee)
Rights of transgender persons according to the ECHR with focus on sex reassignment Abstract Although trans* people, regardless of the specifics of their life experience, are full-fledged members of society, society puts numerous obstacles in their way. Some of them are so serious that they are considered to be a violation of basic human rights. This paper therefore deals with the rights of trans* people from the perspective of the European Convention on Human Rights (ECHR). How this international instrument perceives such rights is ascertained through practice of the European Court of Human Rights (ECtHR). The research goal of the work is to find out and analyze how the rights of trans* people are protected by international human rights law through the ECHR, i.e. how these rights are protected by the European Court of Human Rights. Furthermore, as part of the legal analysis, provide a basic overview of trans* people as a group and focus on the concept of "sex reassignment" and its problematic side. To this end, the author poses a research question: How does the European Convention for the Protection of Human Rights and Fundamental Freedoms protect the rights of trans* people and how does the European Court of Human Rights approach their protection? The thesis mainly focuses on the issue of legal recognition...
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The non-refoulement principle and the sovereignty of state
Dudek, Vavřinec ; Flídrová, Eliška (advisor) ; Honusková, Věra (referee)
The non-refoulement principle and the sovereignty of state Abstract This master thesis deals with the relationship between the principle of non-refoulement and the sovereignty of state as fundamental principles of refugee and international law respectively. The thesis is primarily devoted to the interpretation and application of these principles in a European context. The text of the thesis is divided into three chapters. The first chapter describes the concept of non-refoulement. First, it is given here in what legal sources the principle of non-refoulement can be found. Then it is set out what the purpose of this principle is, when and under what conditions it applies, who is bound by it and which people it protects. Attention is also paid to different forms the principle of non-refoulement takes in various subsystems of international law and its nature in terms of international law sources. The second chapter focuses on the sovereignty of state. A brief historical development of this concept is presented in the introduction of the chapter. Subsequently, the current perception of sovereignty is laid out. The chapter focuses in more detail first on the basic definition of sovereignty, then on the differences between the views held by doctrine, states themselves and international courts. In the third, final...
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Jurisdiction over international crimes and the Rohingya case
Malina, Václav ; Bílková, Veronika (advisor) ; Honusková, Věra (referee)
Jurisdiction over international crimes and the Rohingya case Abstract This thesis discusses the situation of the Rohingya minority in Myanmar in relation to two court cases that have been initiated in recent years before the International Criminal Court and the International Court of Justice. The thesis examines whether the elements of the crime of genocide and selected crimes against humanity, i.e. crimes of deportation, persecution and other inhumane acts, have been fulfilled. After summarizing the historical development of modern Myanmar and the position of the Rohingya in Myanmar society, the thesis identifies the individual elements of the selected crimes under international law, which were chosen for the thesis based on the aforementioned ongoing proceedings. Furthermore, the author evaluates the previous decisions of the two judicial institutions and comments upon them on the basis of secondary literature. The question of state responsibility for breaches of obligations under international law and the position of victims in international criminal proceedings are also approached in relation to the Rohingya cases. In the final chapter of the thesis, the author not only assesses the chances of success for both prosecutors and victims, but also looks for the relevance of international (criminal) law in...
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Selected institutes of the Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence in the Light of International Practice
Vlasák, Jan ; Bílková, Veronika (advisor) ; Honusková, Věra (referee)
1 Abstract Selected institutes of the Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence in the Light of International Practice This work analyzes the Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence (Istanbul Convention), focusing on international practice and observing the implications of the Istanbul Convention in countries that have already ratified it. The work focuses on topics regulated by the Istanbul Convention, which are often criticized in our environment and described as controversial. The aim of this work is to assess whether such criticism is justified and the ratification of the Istanbul Convention may cause some of the consequences the critique is afraid of, or to refute such criticism, based on the evaluation of international practice. The areas examined are the added value of the Istanbul Convention, its ideological neutrality and, finally, its possible implications for migration law. The first section discusses the position of the Istanbul Convention among similar international human right treaties and, in general, the regulation of violence against women and domestic violence in international law. Furthermore, the work deals with the obligations arising from the ratification of the...
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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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Humanitarian intervention and the Responsibility to Protect during the Syrian crisis
Hrčková, Jana ; Faix, Martin (advisor) ; Honusková, Věra (referee)
The aim of the work is to analyze the concepts of humanitarian intervention and responsibility to protect (R2P) with special emphasis on their development in the light of the ongoing Syrian crisis. The text follows the evolution of humanitarian intervention into R2P and introduces theoretical assumptions behind both concepts. It is argued that at the moment, R2P does not bring particularly novel concepts into the international law and can be generally described as a hybrid of legal, political and moral obligations. Consequently, the text includes a case study of the Syrian conflict and an evaluation of the way R2P has been applied during the crisis. Final section of the work is devoted to a suggestion of a new solution for R2P - responsibility while protecting.
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Position of third countries citiziens in the EU
Kolářová, Jana ; Scheu, Harald Christian (advisor) ; Honusková, Věra (referee)
81 The status of third country nationals in the EU - Abstract The thesis deals with the status of third country nationals (further referred to as TCN) in the EU. Its purpose rests in the analysis of the current immigration policy of the EU and the comparison of the different groups of immigrants coming to the Member States from third countries. The objective thesis consists of 6 chapters. Chapter 1 is introductory. It defines the concept of migration and it determines the subject-matter of the thesis, which is the legal migration. Chapter 2 is focused on the historical development of the common asylum and immigration policy in the EU. It is divided into four subchapters, each subchapter describes certain historical period. The heart of the thesis is contained in Chapter 3. It is divided into six subchapters, each of them deals with the specific aspect of the TCN's status (first admission and entrance on the territory of EU, freedom of movement in the EU and right to reside on the territory of Member States, the access to employment and right to equal treatment, the expulsion and withdrawal of the residence right and finally procedural guarantees). Each subchapter is divided into five other parts as it compares the above mentioned aspects according to the legal reason of the TCN's residence. Consequently the...
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