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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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Constitutional limits of criminal proceedings
Kořínek, Štěpán ; Mulák, Jiří (advisor) ; Richter, Martin (referee)
1 Abstract This diploma thesis is focused on "Constitutional limits of criminal proceedings" as the essential cornerstones of criminal process. The main point of this topic is the right to a fair trial. The institutional guarantee of its preservation and enforcement is held by the European Court of Human Rights and its jurisprudence. The thesis is devided into three main chapters, which contains more subvisions. The first part is dedicated to the basic characteristics of constitutional limits of criminal proceedings, especially from the point of view their sources and institutional background. The second section deals with the partial aspects of the right to a fair trial. This section is the most comprehensive because of subsumption of the particular components falling under the concept of a fair trial. The third chapter concerns the perspectives of constitutional limits of criminal proceedings in particular from the perspective of criminal procedural law recodification in the Czech Republic. In accordance to an eventual form of the new Criminal Procedure Act. The primary aim of this thesis is consisting in submission and exploration of detailed schema of the right to a fair trial with regard to the mutual coherences between its individual elements. There is also a reflection of selected peculiarities and...
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Comparison of lustration laws in Central European states: Czechoslovakia, Poland and Baltic states
Srb, Jáchym ; Šlosarčík, Ivo (advisor) ; Mlsna, Petr (referee)
The paper: "Comparison of lustration laws in Central European states: Czechoslovakia, Poland and Baltic states" describes the emergence and application of the lustration laws in context of the political transformation of these states from the begining of the 90s. The main objective of this paper is to answer the question, what are the differences and similarities in the functioning of the lustration laws in these states and whether there is a single explanation for their divergence. For this purpose the paper describes the political and historical background from which these laws emerged in each state separately. This part, among other things, outlines the concept of the "double-tracked" lustrations in Latvia and Estonia, where the laws followed both the collaboration rationale and the ethnical divide. The paper also aims to critically outline the most prominent theoretical approaches to the aforementioned question of the disparities between lustrations in different states. The second aspect of lustrations, which this paper examines, is their conformity with the standards of the European Convention on Human Rights. From analysing the judicature of the ECHR, the paper concludes that the court was very self-restrained in examining these laws and only intervened in the cases of clearly excesive scope of the...
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An impact of case law of the European Court of Human Rights upon the legal system of the Russian Federation
Srstková, Nela ; Hofmannová, Mahulena (advisor) ; Bílková, Veronika (referee)
One of the key issues discussed over the last few years in connection with the ECHR is a large number of individual applications lodged to the court although the court does not have sufficient capacity to resolve them. The majority of the cases falls into category of so- called repetitive cases. This thesis aims to identify the tools, ECHR disposes of, and to what extent those tools may affect national legislation and case law of national courts. Reforms of problematic institutes at the national level implemented as a result of the ECHR decisions are able to exclude the future influx of repetitive cases to this transnational judicial authority. The process of the influence of ECHR case law on national legal systems is analyzed on the example of Russian Federation, which currently holds the first place regarding the number of individual applications that have been filed with the ECHR.
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The Concept of Family and its Protection on the Czech and European Scale
Palásek, Milan ; Lederer, Vít (referee)
The dissertation deals with the concept of family and its protection on the European scale and within the Czech private law. The main aim of the dissertation is to map the current European standards of the law on family life related to same-sex couples and cohabitations representing (together with a nuclear family) the typical family models. The European scale of the aforesaid issue is focused on analysis of EU member states' legislations and the case-law of the ECHR. Last but not least, the dissertation deals with the Czech private law on same-sex unions and cohabitations in the context of the European standards, reflects the shortcomings of current legislation and includes considerations de lege ferenda.
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Selected aspects of the freedom of expression in the context of the European Court of Human Rights case law
Čejková, Michaela ; Křesťanová, Veronika (advisor) ; Císařová, Zuzana (referee)
1 Abstract Selected aspects of the freedom of expression in the context of the European Court of Human Rights case law The rigorous thesis is divided into two parts. The first part presents the theoretical grounding of the topic. The first chapter describes the European Court of Human Rights (ECtHR), the proceedings before the ECtHR, and its anchoring within the Council of Europe. The second chapter of the first part is devoted to the regulation of freedom of expression, both from a national and international perspective, which describes in detail the regulation of freedom of expression in the European Convention on Human Rights, the Charter of Fundamental Rights of the European Union and the International Covenant on Civil and Political Rights. The second part of the work is divided into thematic chapters, which focus on case law on freedom of speech and privacy, online environment, religious expressions, hate speech, and media diversification, and resource protection. Although the work focuses on the case-law of the ECtHR, in each chapter the decisions of other courts, such as the Court of Justice of the EU or the domestic Constitutional Court, are analyzed for comparison. At the end of each chapter, a subchapter is added concerning the analysis of partial conclusions, where the issue of ECtHR...
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European Court of Human Rights: its position and role in protection of personal rights of an individual including analysis of judgments and the influence on domestic judical decisions
Čejková, Michaela ; Křesťanová, Veronika (advisor) ; Holcová, Irena (referee)
1 Abstract European Court of Human Rights: its position and role in the protection of personal rights of an individual including analysis of judgments and the influence on domestic judicial decisions The thesis is divided into three parts. The first part is devoted to the theoretical background of the ECHR, its function within the Council of Europe, personal ground and analysis of statistics. The thesis is also focused on the procedural rules of proceeding, with emphasis on the filing of the complaint, its formal and substantive requirements and its compliance with the Convention. In this section, is also presented to the reader the procedure, the enforceability of the decisions and the renewal of the proceedings before the Constitutional Court of the Czech Republic. In the second part, the concept of personal rights and the Convention are presented in the light of the Article 8 and 10 of the Convention because these are the most important articles when it comes to personal rights. The third part is devoted mainly to the analysis of the case law of ECHR with a connection to the domestic case law. This part is further divided into three sections, protection of personal data, right to reputation and defamation and right to own portraits. The protection of personal data consists of two parts, call monitoring...
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Lustration laws in Ukraine: Between post-communism and post-authoritarianism
Srb, Jáchym ; Šír, Jan (advisor) ; Svoboda, Karel (referee)
The master thesis examines the phenomenon of lustration laws in Ukraine as a legal measure of transitional justice. It maps the history of unsuccessful attempts to adopt lustration laws from the independence in 1991 until the Euromaidan revolution in winter 2014. It then analyses the two lustration laws adopted in 2014 and their implementation between years 2014 and 2017. Finally it analyses the legal review that the laws have faced or are likely to face in the future. It comes to a conclusion that Ukrainian laws were not adopted after the independence in 1991 because of structural reasons and after the Orange Revolution in 2004 due to a lack of political will. In the second part, the thesis concludes that Ukrainian lustration laws adopted after Euromaidan were some of the most extensive ones in the region of post-communist Europe. Nevertheless, their implementation fell short of meeting most of their goals. In the third part, the thesis concludes that the laws might be spared constitutional review, but they are likely to face a negative scrutiny before the European Court of Human Rights.
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International arbitration
Braborec, Jan ; Pfeiffer, Magdalena (advisor) ; Klee, Lukáš (referee)
International arbitration The purpose of the thesis is to determine the role of international arbitration in the system of domestic law, discuss the basic aspects of its character and show its relation to the decision-making practice of the European Court of Human Rights and to the Czech law. The methods used in the thesis are mainly legal-analytical, descriptive and comparative. Besides the introduction and conclusion, this work is divided into four main sections, which are further divided into subsections. The first chapter is devoted to alternative dispute resolution and its relation to the arbitration. There we find an explanation of the concept itself, the list of reasons for the exclusion or inclusion of arbitration into this system, and last but not least, the advantages and disadvantages of this method of dispute resolution, which are described for better clarity on the most frequently used method of alternative dispute resolution in Czech Republic, i.e. mediation. The following chapter focuses on the general specifics of the arbitration proceedings, which are common to the national and international arbitration. First part of this chapter is devoted to the European Convention on Human rights and its Article 6 paragraph 1, which guarantees the right to a fair trial, and to its application on the...
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Comparison of lustration laws in Central European states: Czechoslovakia, Poland and Baltic states
Srb, Jáchym ; Šlosarčík, Ivo (advisor) ; Mlsna, Petr (referee)
The paper: "Comparison of lustration laws in Central European states: Czechoslovakia, Poland and Baltic states" describes the emergence and application of the lustration laws in context of the political transformation of these states from the begining of the 90s. The main objective of this paper is to answer the question, what are the differences and similarities in the functioning of the lustration laws in these states and whether there is a single explanation for their divergence. For this purpose the paper describes the political and historical background from which these laws emerged in each state separately. This part, among other things, outlines the concept of the "double-tracked" lustrations in Latvia and Estonia, where the laws followed both the collaboration rationale and the ethnical divide. The paper also aims to critically outline the most prominent theoretical approaches to the aforementioned question of the disparities between lustrations in different states. The second aspect of lustrations, which this paper examines, is their conformity with the standards of the European Convention on Human Rights. From analysing the judicature of the ECHR, the paper concludes that the court was very self-restrained in examining these laws and only intervened in the cases of clearly excesive scope of the...
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