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Domestic violence in society
Konvičková, Martina ; Koldinská, Kristina (referee) ; Munková, Gabriela (referee)
English abstract Domestic violence in society This thesis is divided into two parts to reflect the definition of domestic violence as a very broad social (gender) and legal term. The opening chapter provides an introduction to the theory of domestic violence along with en explanation of its elementary features and concepts. The chapter describes domestic violence as a societal problem which - in the light of statistically proven (and surprisingly frequent) occurrence and presumptive high latency - cannot be put aside as a marginal pathological phenomenon. Such (erroneous) conclusion, however, is tempting since there are many myths around intimate violence, as is a general misapprehension that both victims of domestic violence as well as persons abusing their close relatives can be unmistakably identified. The author of this work aspires to refute such conclusions by pointing to criminological as well as victimological specifics of a person that is the victim or perpetrator of domestic violence. The second chapter explores the factors of feminization of domestic violence, including the aspects of gender, gender socialization and its dynamics, discrimination and violence against women. Worldwide, domestic violence is still considered a subcategory of violence against women, despite the facts that anyone can...
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Private employment agency and temporary employment agency
Chmelíková, Zuzana ; Štefko, Martin (advisor) ; Koldinská, Kristina (referee)
Zuzana Chmelíková. Private Employment Agencies and Agency Employment Abstract The main topic of this thesis is the effect of private employment agencies on the Czech labor market and legal regulation of their activities, especially of the agency employment. This thesis also focuses on the problems associated with the agency employment. The labour law is variable depending on social and economical changes not only in our country but also worldwide. It is related to the employment which should reflect the actual situation mostly on the labor market. In this situation there are a lot of people who can not find work and who must search for some alternative options. One of opportunities which are offered is the agency employment. This is the point of accent on quality legislation to minimize the risk of abuse and discrimination of the agency employees. The author analyzes the present legislation and outlines possible solutions of problems. This thesis is divided into eight main chapters. The Chapter One consists of the main concepts definitions which are used in this thesis. The subject of the Chapter Two is the agency employment development, namely in the Czech republic, in the European Union and in the international community. The Chapter Three describes in detail documents which solve some agency employment...
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Social and legal regulation of prostitution in selected EU countries
Hájková, Michaela ; Štangová, Věra (referee) ; Koldinská, Kristina (referee)
Prostitution is a major social problem and social topic. In various EU Member States, prostitution is regulated differently, both on the legal and social level. Individual regulatory methods differ considerably as they depend to a large degree on the concrete cultural contexts of each given country. It is therefore impossible to determine which type of regulation could be designated, without other, to constitute regulatory framework which could be considered an ideal, universally applicable method to establish control over prostitution, or even limit it or prevent its occurrences.
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Flexible forms of working hours
Fejfárek, Martin ; Štefko, Martin (advisor) ; Koldinská, Kristina (referee)
- Flexible forms of working hours This diploma thesis, in a broader context, represents the issue of flexible forms of working hours. Flexibility of working time is an important part of flexibility of labour law and also of flexibility of the whole labour market. Regulation and practical use of flexible forms of working hours are current issues and the aim of this thesis is to provide comprehensive but clear explanation of these issues. As theoretical bases, the thesis includes parts focused on selected legal principles, international and national regulation of working time and the concept of flexibility. The main part of the thesis is divided into three sections, of which the first one deals with the practical use of flexible forms of working hours, the second one presents particular forms of working hours which are regulated in the Labour Code and the third one is devoted to flexible forms of working time, regulation of which the Labour Code does not include.
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Theory and Practise of Temporary Agency Work
Horáková, Aneta ; Štefko, Martin (advisor) ; Koldinská, Kristina (referee)
Temporary agency work - it's legislation as well as its practise is the main topic of this thesis. It aims not only legal, but also economical and some other aspects. The issue is becoming more and more important in relation with unexpected changes at employment market. Number of temporary agency workers is expected to rise in near future. This is resulting from expectations for high-standard legislation providing efficient protection especially for temporary agency workers. The first aim is to summarize contemporary legislation in the Czech Republic, European Union and International Labour Organization. Next purpose is to point out its main problems and interpretation difficulties. Selected chapters illustrate the approach of temporary work agencies to some disputable provisions of a statute. The thesis is composed of fourteen chapters, each of them dealing with different aspects of temporary agency work. Chapter One is introductory and defines concept of temporary agency work, focuses on situation on employment market and describes the development of legislation. Chapter Two provides outline of sources of legislation in the area of temporary agency work in the Czech Republic, European Union and International Labour Organization. Chapters Three to Ten deal with basic subjects taking part in...
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Parental Leave as a Tool of Work-life Balance in the Czech Republic and Sweden
Šenoldová, Zuzana ; Koldinská, Kristina (advisor) ; Štefko, Martin (referee)
The purpose of this thesis is to examine the legislation of parental leave in the Czech Republic and in Sweden in particular with respect to the possibilities of work-life balance, to evaluate an actual use of the system, its impacts on the individual labour markets and gender equality, to subsequently compare these two models and to propose amendments of legislation. The topic was chosen due to its significant impact on a vast amount of people and due to its currency with respect to a progressive change of perception of single parent's roles. The thesis is divided into five chapters following the main aim of the thesis, a comparison of several legislations. The first Chapter shortly describes the main terminology which has been used within the thesis and which is the main subject matter of the paper. Maternity, parental and paternity leave are defined mainly with respect to the purposes of the individual matters. The second Chapter deals with the legislation of the European Union. The relation of the Czech and European law in this field in general is analysed at first. An overview of legal documents related to the so called "family friendly policies" follows and the core of the chapter is the description of particular legislation of maternity, parental and paternity leave based on corresponding...
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The concept of lege artis in the system of public health insurance
Rylichová, Eva ; Koldinská, Kristina (advisor) ; Štefko, Martin (referee)
Summary: The subject of this paper is providing of lege artis health care in the system of public health insurance. The aim of the thesis is to analyse the basic terminology, current legislation and its application in practice. Lex artis is in law an uncertain term, difficult to define, therefore its frequent usage should be restricted in the future. Due to the personal experience of the author there are many practical examples from the Czech health care system used in the paper. Related case law is taken into account continuously with the exception of the separately stated recent court judgment of the Constitutional Court of the Czech Republic. The study is divided into four main chapters, introduction and conclusion. The first chapter is dedicated to the concept of lege artis in detail, its terminology and relation to the current legislation. Further subchapters deal with available health care standards and their obligation. The final parts analyze the lege artis restrictions and way of its assessment. The second chapter is dedicated to the concept of public health insurance. First, the term is defined and the current law is considered. The following parts examine the issue of health insurance companies and the network of health care facilities. Chapter three presents the labor law aspects of lege artis...
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Basic principles and the coordination of old*-age and survivors' pensions according to Regulation (EC) No 883/2004 of the European Parliament and of the Council, on the coordination of social security systems
Vidovičová, Dominika ; Koldinská, Kristina (advisor) ; Štefko, Martin (referee)
130 Abstrakt v anglickém jazyce We comprehend the coordination of social security systems as an interconnection of social security systems of Member States therefore the free movement of persons can be carried out. The aim of Coordinating Regulations is to ensure that a migrant does not loose his/her claims on social rights due to his/her enjoyment of free movement. Concerning the large extent of this topic the thesis is focusing only on old-age and survivors' pensions according to valid Regulations (EC) No 883/2004 and No 987/2009 of the European Parliament and of the Council which entered into force on 1 May 2010. The preliminary chapter out of five at total generally presents the nature of the Coordinating Regulations. It clears up their development and aims. It further introduces other sources of coordination law and explains their relations with other sources of EU law and international law. The determination of personal and material scope of Coordinating Regulations is the indispensable part of this chapter as well. The second chapter highlights the cardinal importance of basic principles of Coordinating Regulations - the principle of equal treatment, the principle of single applicable legislation, the principle of aggregation of periods, the principle of export of benefits and the principle of good...
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Racial Discrimination in the Judicial Practice of the Czech Republic
Ulmannová, Iva ; Koldinská, Kristina (advisor) ; Štefko, Martin (referee)
This thesis deals with issues related to decision-making practice of Czech courts in cases where the plaintiff sought protection against racial discrimination in civil proceedings. Specifically, the thesis endeavours - through the analysis of selected decisions of higher courts and the practice of lower courts - to answer the question of whether the judicial practice together with the applicable laws provide sufficiently effective judicial protection of the right to equal treatment. The first part defines the concept of race as discriminatory ground, as this term is used in legislation in a very broad way and contrary to some scientific concepts of race. The second part contains a brief summary of the legal regulation of non-discrimination in international, European and Czech law. This section focuses on the legal framework applied by Czech courts in the decisions discussed and provides a basis for the following analytical part. The third part, which is the key part of the thesis, deals with decision-making practice of the courts with focus on the problematic aspects of protection against racial discrimination in legislation regulating the protection of personal rights. The shortcomings of judicial practice ascertained are then compared with the new rules contained in the Anti-Discrimination Act....
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Coordination of social security in the EU and its application in the CR and Germany
Königová, Jana ; Tröster, Petr (advisor) ; Koldinská, Kristina (referee)
Coordination of social protection in the EU and its application in the Czech Republic and the FRG The thesis deals with the coordination of the social security systems of the EU Member States. It refers to the new basic regulation at the level of the European Communities, which is enshrined in the EC Treaty (Lisbon Treaty) and in the Regulation of the European Parliament and of the Council No 833/2004. The main role of this European regulation is to ensure the free movement of all workers and self- employed persons. To secure this, it is necessary to equate these persons with the native subjects. The starting point for the creation of a European social security system is Article 42 of the EC Treaty (Article 48 of the Lisbon Treaty) which defines two basic conditions of such a system. On the one hand, it must be ensured that benefits are also paid to the persons residing in other Member States. On the other hand, it must be ensured that all the periods completed by the legal systems of the individual Member States (without regard to the place of work) Be aggregated. This provision also obliges the Council to take such measures as are necessary to meet the objectives set out. Regulation No 1408/71 was a basic rule for this system until 30 April 2010. Since 1 May 2010, however, there has been a double...
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