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Access to an independent and impartial court as a fair trial guarantee under the European Convention on Human Rights
Tymofeyeva, Alla ; Hýbnerová, Stanislava (advisor) ; Hofmannová, Mahulena (referee) ; Jeřábková, Věra (referee)
Dissertation Abstract TYMOFEYEVA, A. Access to an independent and impartial court as a fair trial guarantee under the European Convention on Human Rights. Prague 2010. Dissertation thesis. Charles University in Prague. Law Faculty. International Law Department. Supervisor Doc. PhDr. Stanislava Hýbnerová, CSc. The paper discusses the right of access to an independent and impartial tribunal under the European Convention on Human Rights with a focus on compliance of legislation and judicial practice in Ukraine with the standards developed by the European Court of Human Rights in its case-law. In order to address this issue the first part contains an analysis of the term "right of access to a court" and its components. An analysis of the term "right of access to a court" in a sense of the European Convention shows, that it includes the following elements: 1) the right to institute the legal proceedings and, in certain cases, the right to appeal against a decision of an administrative body or a court; 2) the right to legal aid, including free legal assistance and exemption from the court's costs; 3) the right to hearing by an independent and impartial tribunal with full jurisdiction established by law; 4) the right to hearing and delivery of the court's decision within a reasonable time and 5) the right to...
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Denial of the Holocaust and other crimes from the perspective of the international protection of human rights (freedom of expression)
Prokešová, Lucie ; Bílková, Veronika (advisor) ; Tymofeyeva, Alla (referee)
Denial of the Holocaust and other crimes from the perspective of the international protection of human rights (freedom of expression) This thesis discusses the conflict between the freedom of expression and other rights and values guaranteed by the European Convention on Human Rights, which are affected by denial of the Holocaust and other crimes. Freedom of expression is a relative fundamental right that can be limited in order to protect other protected rights and values. In cases of denial of the Holocaust and other crimes, freedom of expression can be limited in the interests of the protection of the dignity of victims and prevention of disorder or crime. The aim of this thesis is to provide a comprehensive view on the issue of denial of the Holocaust and other crimes in the light of freedom of expression in the European Court of Human Rights case law. The first part provides definition of the relationship between Holocaust denial and freedom of expression from the perspective of international law, the characteristics of freedom of expression and its limits, and the role and proceeding of the European Court of Human Rights in the case of conflict between freedom of expression and other rights and values. The second part is dedicated to the European Court of Human Rights case law concerning the...
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Legitimacy of mass surveillance and data collection in international law
Teššer, Marek ; Lipovský, Milan (advisor) ; Tymofeyeva, Alla (referee)
AJ Over the past decade, digital technology has undergone unprecedented development. The Internet, which originally served as a mean of communication among academics, has become the main communication mechanism used throughout the world. The way people can communicate with each other is much easier now. As a result, the attention of governments and secret agencies has also been focused on cyberspace, with the aim of controlling it as much as possible. Following the Snowden revelations in 2013, the debate on the international scene regarding the feasibility of mass surveillance as a tool in the fight against terrorism began. Since the events of September 11, the powers of the secret services in the field of communication of persons have been extended. This practice has brought up some interesting and unresolved issues. Are such activities permissible at all? If so, under what conditions? This diploma thesis analyzes the legitimacy of massive electronic surveillance and data collection in international law in the context of the protection of human rights, especially the right to privacy. It focuses on electronic surveillance conducted by the American National Security Agency (NSA) and the British Government Communications Headquarters (GCHQ). Since these are foreign monitoring programs, the work...
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International Legal Issues Related to the Status of the State of Israel
D'Evereux, Veronika ; Tymofeyeva, Alla (referee)
International Legal Issues Related to the Status of the State of Israel Abstract The emergence and continued existence of the State of Israel, which is completely surrounded by Arab neighbors, may be one of the main causes of the current conflict that began in this part of the region more than seventy years ago. At the same time, the creation of the State of Israel constitutes a certain exception to international law because it was linked to a non-legally binding resolution of a body of an international organization of a universal nature, in particular to the UN General Assembly Resolution 181 (II) of 1947. This resolution foresaw the establishment of both a Jewish and an Arab state in part of the territory of the former Ottoman Empire, which was then administered by Great Britain as a mandate territory. While the state of Israel declared its independence on 14 May 1948, the Arab people of the mandate rejected this resolution, and their right to self-determination was not pursued until many decades later. In relation to this, and as a result of several armed conflicts between the State of Israel and the surrounding Arab states, there has also been a controversial situation with regard to parts of the territory of the former Mandate of Palestine that is at the same time not the territory of the State of...
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The status of nongovernmental organisations in International Law
Příhoda, René ; Tymofeyeva, Alla (referee)
The Status of Non-governmental Organizations in International Law Abstract Non-governmental Organizations and particularly International Non-governmental Organizations are important players in international relations as well as other stakeholders like States, International Governmental Organizations and Multinational Corporations. Each of these actors has a unique role in international relations, with different impacts into the international law. This thesis has mapped international NGOs in detail, from the beginning of their origin to the present. NGOs were divided and classified according to several selected criteria and finally, the definition of NGOs was made. In the next part of the work, has been identified a group of non-governmental organizations sui generis. Although they are non-governmental organizations, enjoy international legal subjectivity. This thesis dealt with elements of the sociological method, so it dealt much more with the facts why the document was created in such a form and how it is actually fulfilled, rather than what is the content of the document itself and how it should be interpreted. With regard to the chosen method, causal cases are placed in historical contexts. The second part of the work dealt mainly with sports organizations, which were the initial impulse to write these...
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General approach of international law to torture
Albert, Lukáš ; Tymofeyeva, Alla (referee)
General approach of international law to torture Abstract The prohibition of torture exists at national and international level. The author focuses only on the general approach of international law to torture. He analyzes the individual elements of the definitions of torture contained in international documents. At the same time, he does not forget to mention the cruel, inhuman or degrading treatment or punishment that is inextricably linked to torture. He also highlights the importance of the threat of torture, which may under certain conditions separately constitute torture. He provides an overview of the current international regulation of the prohibition of torture enshrined not only in international human rights treaties, but also in the field of international humanitarian law and international criminal law. He also emphasizes the reflection of international regulation in the practice of individual protection mechanisms ensuring effective control over compliance with the prohibition of torture, specifically universal, European, Inter-American, African and other functioning mechanisms. Also, he places torture in the context of crimes under international law. He refers to the practice of the International Criminal Court and ad hoc criminal tribunals, which have even granted status of jus cogens to the...
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Human rights of legal persons according to the ECHR
Veverka, Josef ; Tymofeyeva, Alla (advisor) ; Balaš, Vladimír (referee)
The diploma thesis deals with the issue of human rights of legal persons according to the ECHR. In addition to natural persons, legal persons are holders of fundamental rights and freedoms. These rights are so important that they are worthy of protection, not only at national level, but also at regional and universal level. For 47 European countries, the protection of fundamental rights and freedoms is ensured by an international organization called the Council of Europe. Within the Council of Europe, there is a European Court of Human Rights established under the Convention for the Protection of Human Rights and Fundamental Freedoms of 1950. Natural persons and, where the nature of the fundamental rights and freedoms set out in the Convention and its protocols allow, also legal persons lodge complaints with this court. Using a descriptive, comparative, and analytical method, this thesis aims to comprehensively present the legal person in the role of an individual applicant to the ECtHR, paying special attention to the case-law of the ECtHR, specifically judgments on legal persons' applications against the Czech Republic. The work is divided into three parts. The first part deals with the concept of a legal person as such, while further describing its role as an individual applicant to the ECtHR,...
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Elder rights in documents of the Council of Europe
Košinová, Sabina ; Tymofeyeva, Alla (advisor) ; Bílková, Veronika (referee)
Elder rights in documents of the Council of Europe The aim of this thesis is to describe documents of the Council of Europe concerning Elderly people. Documents of the Council of Europe do not contain a definition of an elderly person - like, for example, the Interamerican Union or African Union documents. We have to first find the definition of the elderly where the Council of Europe documents call a person who is over 60 years of age "elderly".The documents of the Council of Europe are a tool that is designed to help the human rights of the elderly. The aim of the documents of the Council of Europe regarding elderly people is to protect and improve the situation of the elderly who are because of their age considered a vulnerable group. The documents of the Council of Europe deal with problems like pensions, age discrimination and access to services. The most current issues that the Council of Europe have reported in their documents in 2020 and 2021 are digitalization and the coronavirus pandemic as well as the impact it has on the elderly.The documents of the Council can be divided into two types: bindng and non-binding. Binding Documents are Conventions - the most important is the European convention of human rights and European social charter. These documents offer direct protection....
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International regulation of de facto states
Řeháčková, Diana ; Lipovský, Milan (advisor) ; Tymofeyeva, Alla (referee)
Over the course of history, the organisation of human societies has gone through several evolutionary stages. Their peak, primarily in Europe, took the form of states as polities structured around an ethnical basis-nation states. In many cases, their rise and downfall could be rather violent which led to growing social instability. Therefore, international communities began looking for mechanisms to regulate these processes. From the perspective of international law, it was necessary mainly to define the term state and codify the requirements an entity had to meet in order to be considered one. The Montevideo Convention established an elementary quartet, necessitating the presence of a population, territory, executive power and the ability to fully participate in international relationships, i.e. possess external sovereignty. These four aspects, however, still did not entirely suffice which is why secondary requirements kept being inconsistently added, addressing primarily the entity's inner character and its attitude to, for example, upholding universal human rights or minority rights. Nonetheless, simply meeting the above-mentioned criteria is not enough to establish a fully functioning state. In the modern world, it is essentially impossible for a new state to be created without infringing on...
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Access to independent and impartial court as a fair trial guarantee under the European convention on human rights
Tymofeyeva, Alla
Dissertation Abstract TYMOFEYEVA, A. Access to an independent and impartial court as a fair trial guarantee under the European Convention on Human Rights. Prague 2010. Dissertation thesis. Charles University in Prague. Law Faculty. International Law Department. Supervisor Doc. PhDr. Stanislava Hýbnerová, CSc. The paper discusses the right of access to an independent and impartial tribunal under the European Convention on Human Rights with a focus on compliance of legislation and judicial practice in Ukraine with the standards developed by the European Court of Human Rights in its case-law. In order to address this issue the first part contains an analysis of the term "right of access to a court" and its components. An analysis of the term "right of access to a court" in a sense of the European Convention shows, that it includes the following elements: 1) the right to institute the legal proceedings and, in certain cases, the right to appeal against a decision of an administrative body or a court; 2) the right to legal aid, including free legal assistance and exemption from the court's costs; 3) the right to hearing by an independent and impartial tribunal with full jurisdiction established by law; 4) the right to hearing and delivery of the court's decision within a reasonable time and 5) the right to...
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