|
|
Concept of serious harm in refugee law
Kopecká, Helena ; Honusková, Věra (advisor) ; Scheu, Harald Christian (referee)
This diploma thesis with the topic of ,,The Concept of Serious Harm in Refugee Law" had three basic objectives. The first one was to analyse single notions which belong to the concept of serious harm. The second objective was to compare the concept of serious harm under the Qualification Directive and under the Czech Asylum Act. By means of the interpretation of single notions of serious harm and the comparison of the Qualification Directive with the Czech Asylum Act, I managed to answer the question ,,who is protected by Article 15 of the Qualification Directive and the second section of paragraph 14a in the Czech Asylum Act," which was the third basic objective of this diploma thesis, and at the same time its research question. My diploma thesis is structured into 6 chapters, further it contains the list of abbreviations, the introduction, the conclusion, the list of literature, the Czech and English abstract, and key words. The first chapter deals with the evolution of the concept of serious harm since the year 2001 till the contemporary version of the Qualification Directive from the year 2011, and with the incorporation of this concept into the Czech Asylum Act. From the depiction of history of the concept of serious harm in this chapter, it resulted how uneasy it was for the member states of...
|
|
|
Preliminary measures applied by international courts and quasi-judicial bodies in human rights
Hodysová, Petra ; Faix, Martin (advisor) ; Honusková, Věra (referee)
Provisional measures indicated by international courts and quasi-judicial organs in human rights cases Abstract Whenever human rights are at stake there should be quick response of the authority dealing with the situation. Provisional measures are therefore useful tool how to prevent irreparable harm. The aim of my thesis is to analyse provisional measures indicated by various human rights adjudicators from different continents. Main focus is put on legal provisions empowering international courts and quasi-judicial organs to indicate provisional measures, examining whether provisional measures are legally binding, exploring the extent to which international forums indicate provisional measures and highlighting some specific types of provisional measures. The approach is description with elements of comparison. The thesis is composed of six chapters. Chapter one is introductory and defines the concept of provisional measures and its main characteristics and conditions for use. Chapters two to five are dealing with various courts and quasi-judicial organs on the universal level and in Europe, Africa and the Americas. Chapter two is subdivided into two parts. Part one examines International Court of Justice, which is not strictly speaking human rights adjudicator and is not allowing individual complaints, but...
|
|
|
Effectiveness of control mechanisms of human rights treaties
Červenková, Petra ; Honusková, Věra (advisor) ; Hýbnerová, Stanislava (referee)
6 Abstract Current international law contains several treaty instruments anchoring and regulating the area of human rights. It develops at both universal level, within the United Nations, and regional level, within special regional institutions. To make international human rights treaty effective, we must ensure it includes effective control mechanism that provides an efficient protection and promotion of human rights, thus ensure that the system has a positive impact on the enjoyment of the human rights by individuals. The quality of international human rights treaty depends on the quality of its control mechanism and its existence at all. The aim of this thesis is to present the international and regional human rights treaty system and how does it actually work. On the series of predetermined criteria I will try to evaluate the activity and practices of presented human rights treaties. The main part of the thesis represents a description of human rights treaty protection through the analysis of selected international human rights treaties. International human rights treaty protection takes place at the universal level, within the United Nations human rights treaty bodies, and at the regional level. In Europe within the Council of Europe, in America within the OAS, in Africa within the AU. In relation to...
|
|
|
The legal status of internally displaced persons and refugees in international law
Kurucová, Irena ; Bílková, Veronika (advisor) ; Honusková, Věra (referee)
KURUCOVÁ, Irena: Legal status of internally desplaced persons and refugees in internal law. [Rigorous thesis]. Karlova univerzita v Praze. Právnická fakulta; Katedra Medzinárodného práva. Wars, human rights violations, and disasters which affect a significant part of the population, resulted also in the formation of the new category known as "internal refugees" or " the internally displaced persons". Although these people are situated in their own country, the mentioned events lead them to the conditions that not only menace their lives but also plunging them into a material and psychological hardship and to an uncertain future. The growing numbers of the internally displaced persons (from the first census in 1982) and the risks associated with them, led to the closer perception of this problem and actions aimed towards its detailed observation and formal capture. Therefore, the current efforts for a unified format of basic legal institutes and definitions in the area of internal migration gradually move towards universal and legally binding approach of internal migration issue, although the effort in this area is currently hindered by political resentment, national interests and in some areas also by unpreparedness to cover the displacement in a form of a concrete legal tool. Although the existing...
|
|
|
Compensation in international law for serious crimes
Vermachová, Klára ; Hýbnerová, Stanislava (advisor) ; Honusková, Věra (referee)
The aim of the thesis is the indemnification guaranteed and provided to the victims of serious breaches of International law. First of all the thesis provides review of the primary sources of International law that contains right to redress. Secondly, the thesis lays out the issue of serious crimes in International law definition. Afterwards the thesis deals with the problematic of the subject who has right to redress and obligation to provide it. Also, the thesis describes the particular forms of the redress in detail. The end of the thesis is focused on concrete mechanisms of indemnification. Finally the thesis deals with the indemnification in practise, in particular with the case of Rwanda genocide. Within elaborating this thesis, the author used primary sources of International law, case law, doctrine and also domestic and foreign publications.
|
|
|
Collective rights under the European Convention for the Protection of Human Rights and Fundamental Freedoms
Halušková, Gabriela ; Scheu, Harald Christian (advisor) ; Honusková, Věra (referee)
This thesis focuses on the collective dimension of human rights. The focus of the interpretation is the analysis of the case law of the European Commission of Human Rights and the European Court of Human Rights. The work focuses on three rights protected by the European Convention on Human Rights. These rights are freedom of thought, conscience and religion, adjusted in Art. 9 of the ECHR, and the freedom of assembly and association, enshrined in Art. 11. The first part briefly describes the evolution of the concept of human rights. More is devoted to two different sources, which had a great influence on rather individualistic conception of human rights. This is the Reformation and the Enlightenment. It also describes the documents, in which the human rights were firstly enshrined. These are the American Declaration of Independence, the Virginia Declaration of Rights, the Charter of Rights and the French Declaration of the Rights of Man and of the Citizen. In addition, it focuses on the adoption of the first international documents containing provisions on human rights, and on whether in these conventions or declarations the collective rights are enshrined. The conclusion of the first chapter presents the definitions of collective rights and also counter- arguments which are heard against this...
|
|
|
Asylum and refugees in light of the case law of the European Court of Human Rights
Kubátová, Tereza ; Šturma, Pavel (advisor) ; Honusková, Věra (referee)
- Asylum and refugees in the light of the case law of the European Court of Human Rights The thesis deals with issues of asylum and refugees in the context of the Convention for the Protection of Human Rights and Fundamental Freedoms and the case law of the European Court of Human Rights. The purpose of the thesis is to show a tight relationship between refugee law and protection of human rights. The text is divided into seven chapters. In the introduction, the terms asylum and refugees are distinguished and a refugee is defined according to the crucial document of international refugee law, the Convention relating to the Status of Refugees. The definition of a refugee is outlined using inclusion, cessation and exclusion clauses. The next chapter is dedicated to the rule of non-refoulement stated in the Article 33 of the Refugee Convention, which prohibits states from expelling and deporting a refugee back to a country, where his life or freedom is threatened. The following part focuses on the European Convention on Human Rights and its surveillance done by the European Court of Human Rights. This part also examines the procedural issues of dealing with complaints on breach of the European Convention on Human Rights. Key chapter six is split into subchapters according to relevant provisions of the...
|
|
|
Religious symbols in European Anti-Discrimination Law
Svobodová, Tereza ; Scheu, Harald Christian (advisor) ; Honusková, Věra (referee)
The European continent has been plagued by religious-based conflicts for centuries. While in the past the conflicts arose from disputes between the Catholic and the Protestant church, the main source of the conflicts nowadays is migration to European countries. The migration is what brings significant religious and cultural differences into the functioning traditional European society. One of the currently most discussed topics according to conflicts in Europe is the presence of religious symbols in public spaces. At this point new coming religion symbolized by the Muslim headscarf clashes the traditional religion adhered to by majority and in public areas symbolized by the Christian cross. Except for the conflict between the religions the dispute arises also between religions and the principle of secularism. The aim of my thesis is to analyze the issue of religious symbols in public area, not only in terms of religious freedom, but also in terms of equality and discrimination, protection of the rights of minorities, right to education and gender equality, as these are the issues that need to be considered in its complexity. In the thesis will further examine the question of whether and under what conditions it is possible to limit the demonstration of religious symbols in public areas and in this...
|
|
|
Expulsion under international law
Kolaříková, Gabriela ; Honusková, Věra (advisor) ; Hýbnerová, Stanislava (referee)
Expulsion under international law - Abstract The purpose of my thesis is to analyze legislation of expulsion under international public law and comparison with draft articles of United Nation International Law Commission, that works on the topic for several years. The main aim of the thesis is to investigate if contemporary international legislation on expulsion provides protection of human rights of the aliens or if it prefers the state's right to expel the alien and compare today situation with work of UN International Law Commission that might result in a new international treaty in the future. The thesis is composed of eight chapters, each of them dealing with different aspects of the expulsion. Each chapter contains a partial conclusion. Chapter One is introductory and describes the research question and explains content of next chapters. Chapter Two defines used methodology and used literature. Chapter Three is subdivided into five parts. First two parts describe a right of a state to expel an alien and its development. Part Three deals with limits of the right to expel, mainly describes human right that can be affected by expulsion. Part Four focuses on definition of target country of the expulsion and part Five focuses on a definition of an alien. Chapter Four defines basic terminology used in the...
|
|
|
The status and role of new human rights in international law
Kalenská, Petra ; Honusková, Věra (advisor) ; Bílková, Veronika (referee)
Status and Role of New Human Rights in International Law This diploma thesis compares three methods which have been used so far in the creation of new human rights in international law. The first chapter establishes the theory of the creation of new human rights in international law. It is claimed that all new human rights have been created by one of the following three methods: the adoption of an international treaty; the interpretation of an internetional treaty; or the adoption of a declaration. The second chapter provides definitions of a notion of human rights and determines a notion of new human rights as those rights which are not expressed in the International Bill of Human Rights. The distinction of human rights by generations is rejected. The third chapter summarizes the sources of international human rights law, which are international treaties, international custom and general principles of international law. Further, the third chapter shows the significance of peremptory norms and soft law instruments for international human rights. The fourth chapter deals with the first method of creating new human rights, i.e. adoption of international treaty. This method is presented through the Convention on the Rights of Persons with Disabilities and the right to live in community. The formulation...
|
guest ::
