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The right to respect for private and family life
Králová, Tereza ; Honusková, Věra (advisor) ; Elischer, David (referee)
(RIGHT TO RESPECT FOR PRIVATE AND FAMILY LIFE) The main goal of this diploma thesis, called Right to respect for private and family life, is to analyze the progress in the issue of the right to respect for private and family life from the perspective of registered partnership. I had to narrow the topic of this diploma thesis to registered partnership, because of the fact, that the scope of the right to respect for private and family life is so broad, that it couldn't be summarized in the mere diploma thesis. Emphasis of this diploma thesis is placed on regulation set out in the European Convention for the Protection of Human Rights and Fundamental Freedoms (the Convention), other regulation is mentioned only marginally. The diploma thesis is divided into four chapters, further it contains the introduction, the conclusion, the list of abbreviation, the list of literature and the Czech and English abstract. The most important part of this diploma thesis is chapter three, which deals with the right to respect for private and family life from the perspective of registered partnership set out in the article 8 of the Convention. Chapter 1 defines the right to respect for private and family life as one of the fundamental human rights and characterizes the international legal protection and legal...
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Prohibition of torturing under international law in the light of changed international threats
Novotný, Tomáš ; Honusková, Věra (advisor) ; Hýbnerová, Stanislava (referee)
Resumé Aj The purpose of my thesis is to provide a detailed view of prohibition of torture in contemporary practice of States. De iure is the absolute prohibition of torture unquestionable. However situation de facto is more complicated. States are very inventive in finding ways of circumventing this absolute prohibition. Their justification for circumventing the prohibition of torture may be called various things, such as diplomatic assurances, extraordinary rendition, interpretation of the definition of torture, national security, etc. Due to the limited scope of this work, I have selected the approaches of those States, which I find most worrisome and I will address them by presenting the practice of these individual States. This thesis has focused on an approach of certain European States, USA and Israel in their attempts to circumvent the absolute prohibition of torture. All examples support the topic of this thesis, however in different contexts. The thesis is composed of three core chapters. Chapter One deals with the legal status of the prohibition of torture. Chapter Two affirms the absolute prohibition of torture by case - law of ECtHR in cases Chahal v UK and Saadi v Italy. Chapter Three is subdivided into three parts. Part one reveals disturbing willingness of German courts as well as German...
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The role of international non-governmental organizations in the protection of human rights
Andrlová, Kristýna ; Honusková, Věra (advisor) ; Hýbnerová, Stanislava (referee)
The role of international non-governmental organisations in protection of human rights Summary The aim of this master thesis is to provide a systematic insight into the legal status and the role of international non-governmental organisations (INGOs) in protection and promotion of human rights in international law. By means of that, the thesis seeks to answer the question whether the current legal status of INGOs is favourable both for the INGOs themselves and their counterparts at the international level, mainly the states and international governmental organisations. Divided into three parts, the thesis is focused first on the legal definition of INGOs and their legal status in international relations, together with a depiction of their main functions. The illustration of the legal status of INGOs is oriented mainly on the legal regulation within the United Nations and the Council of Europe, two international bodies with the most developped cooperation strategy with INGOs. The theoretic part serves to demonstrate the contrast between a weak formal position and rather informal role of INGOs in international law, which is yet getting more and more important, mainly in the area of protection and promotion of internationally recognised human rights. The second part is a case study of the tendencies mentioned...
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International law aspects of violence against women
Minaříková, Martina ; Hýbnerová, Stanislava (advisor) ; Honusková, Věra (referee)
- RESUMÉ Mezinárodněprávní aspekty násilí na ženách The international legal aspects of the violence against women The main purpose of my thesis is to describe basic legal instruments which regulates area of violence against women and analyse a development of a legal regulation adopted by regions and whole international community. Minor purpose of this thesis is to evaluate possible connection between violence against women and religion. Violence against women is still everyday problem in each part of the world. The thesis is composed of six principal chapters. Chapter one describes basic forms of violence against women which are determined by Declaration on the Elimination of Violence against Women, since 1993. The Declaration defines Violence against Women as "any act of gender-based violence that results in, or is likely to result in, physical, sexual or psychological harm or suffering to women, includin threats of such acts, cercion or arbitrary deprivation of liberty, whether occuring in public or in private life." Chapter two presents several areas which are specific for the violence against women and also demonstrates basic legislations adopted in each area. These areas are international humanitarian law, which includes Geneva Conventions and general section of human rights including women...
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Collective Actions of the UN Security Council for Protection of Human Rights
Chrtová, Michaela ; Bílková, Veronika (advisor) ; Honusková, Věra (referee)
This thesis Collective Actions of the UN Security Council for the Protection of Human Rights deals with, as the title suggests, collective actions for the protection of human rights with the mandate of the UN Security Council. The thesis is divided into an introduction, conclusion, and four chapters. In the first chapter, the system of human rights protection is described, as it was set up within the newly-formed United Nations after World War II. This chapter also deals with collective actions of the UN Security Council, with or without the use of force, on a theoretical level, e.g. their authorization and possibility of measures that can be taken within the UN system against the perpetrator. Second chapter deals with examples of collective actions of the UN Security Council during the Cold War period. In this era, collective actions of the UN Security Council were authorized only twice, in case of South Africa as a reaction to their policy of apartheid, and in case of South Rhodesia as a reaction to the unilateral declaration of independence by the white minority government. Both cases are described in the chapter. The following chapter describes the development of human rights theories after the end of Cold War. With the end of the bipolar system, there is a shift in the perception of human...
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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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