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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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International abduction of children and the European Convention for the Protection of Human Rights and Fundamental Freedoms
Matysová, Monika ; Scheu, Harald Christian (advisor) ; Hýbnerová, Stanislava (referee)
"International abduction of children and the European Convention for the Protection of Human Rights and Fundamental Freedoms" Keywords: International abduction of children, Hague Convention on Civil Aspects of International Child Abduction, Council Regulation (EC) No 2201/2003, European Convention for the Protection of Human Rights and Fundamental Freedoms. The aim of the submitted doctoral thesis entitled "International abduction of children and the European Convention for the Protection of Human Rights and Fundamental Freedoms" is to examine the issue of international child abduction from the domestic, international and European perspectives and show their interconnections. To demonstrate this, the thesis will analyze the practices of national courts, the European Court of Human Rights (hereinafter referred to as the ECHR) and the European Court of Justice (hereinafter referred to as the ECJ). Attention will be paid mainly to the interpretation of one of the most important international child abduction instruments, The Hague Convention on Civil Aspects of International Child Abduction (hereinafter referred to as the Hague Convention), by the ECHR. As cases of international child abduction concern only the right to respect for one's private and family life within the meaning of Article 8 of the...
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Right to Personal Liberty in the Context of the Asylum Law of the European Union
Kulda, Miloš ; Svobodová, Magdaléna (referee)
Right to Personal Liberty in the Context of the Asylum Law of the European Union Mgr. Miloš Kulda Abstract: Right to personal liberty is considered to be one of the most important fundamental rights of a person. Unfortunately, the interferences to this right also constitute one of the aspects that generally accompanies asylum and forced migration. Europe is no exception in this respect. The topic of this theses is as follows: Right to Personal Liberty in the Context of the Asylum Law of the European Union. The objective of the theses is particularly to assess the level of protection which is provided within the European Union to asylum seekers and other forced migrant - i.e. refused asylum seekers and so called irregular migrants - against unauthorised deprivation of their liberty. The research is performed in the light of both the European Union law and European Convention for the Protection of Human Rights and Fundamental Freedoms. The focus of the thesis stands on two main pillars. The first one are the rules concerning the deprivation of liberty of asylum seekers and other forced migrants according to Art. 5 of the Convention and related case-law of the European Court of Justice. The second pillar are then the rules concerning the deprivation of liberty of the above mentioned groups of persons according...
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Right to Personal Liberty in the Context of the Asylum Law of the European Union
Kulda, Miloš ; Svobodová, Magdaléna (referee)
Right to Personal Liberty in the Context of the Asylum Law of the European Union Mgr. Miloš Kulda Abstract: Right to personal liberty is considered to be one of the most important fundamental rights of a person. Unfortunately, the interferences to this right also constitute one of the aspects that generally accompanies asylum and forced migration. Europe is no exception in this respect. The topic of this theses is as follows: Right to Personal Liberty in the Context of the Asylum Law of the European Union. The objective of the theses is particularly to assess the level of protection which is provided within the European Union to asylum seekers and other forced migrant - i.e. refused asylum seekers and so called irregular migrants - against unauthorised deprivation of their liberty. The research is performed in the light of both the European Union law and European Convention for the Protection of Human Rights and Fundamental Freedoms. The focus of the thesis stands on two main pillars. The first one are the rules concerning the deprivation of liberty of asylum seekers and other forced migrants according to Art. 5 of the Convention and related case-law of the European Court of Justice. The second pillar are then the rules concerning the deprivation of liberty of the above mentioned groups of persons according...
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Right to Personal Liberty in the Context of the Asylum Law of the European Union
Kulda, Miloš ; Scheu, Harald Christian (advisor) ; Pítrová, Lenka (referee) ; Pořízek, Pavel (referee)
Right to Personal Liberty in the Context of the Asylum Law of the European Union Mgr. Miloš Kulda Abstract: Right to personal liberty is considered to be one of the most important fundamental rights of a person. Unfortunately, the interferences to this right also constitute one of the aspects that generally accompanies asylum and forced migration. Europe is no exception in this respect. The topic of this theses is as follows: Right to Personal Liberty in the Context of the Asylum Law of the European Union. The objective of the theses is particularly to assess the level of protection which is provided within the European Union to asylum seekers and other forced migrant - i.e. refused asylum seekers and so called irregular migrants - against unauthorised deprivation of their liberty. The research is performed in the light of both the European Union law and European Convention for the Protection of Human Rights and Fundamental Freedoms. The focus of the thesis stands on two main pillars. The first one are the rules concerning the deprivation of liberty of asylum seekers and other forced migrants according to Art. 5 of the Convention and related case-law of the European Court of Justice. The second pillar are then the rules concerning the deprivation of liberty of the above mentioned groups of persons according...
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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...
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Freedom of artistic work and freedom of expression within the context of the European protection of human rights
Sýkorová, Eliška ; Scheu, Harald Christian (advisor) ; Ondřejek, Pavel (referee)
The purpose of the thesis is to analyze the concept of the freedom of artistic creation and expression in the European Union law, in particular its recognition in primary law, above all in the Charter of Fundamental Rights of the European Union (Charter), and in the case law of the Court of Justice of the European Union (CJEU). Considering that interpretation of human rights and fundamental freedoms in the EU law is greatly based on constitutional traditions of EU member states and on the approach to these rights established within the Council of Europe, this thesis also deals with the conception of the freedom of artistic expression in constitutions of EU member states and in the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR), as interpreted by the European Court of Human Rights (ECtHR). While relevant case law of the CJEU is only fragmentary, it refers systematically to the extensive case law of the ECtHR, which provides comprehensive theory of the freedom of artistic expression in Europe and provides for studying the evolution of the conception in time. The core method of research used in this thesis is the analysis of different sources of primary and secondary EU law, national law and case law; the thesis refers namely to the case law of the CJEU and...
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International abduction of children and the European Convention for the Protection of Human Rights and Fundamental Freedoms
Matysová, Monika ; Scheu, Harald Christian (advisor) ; Hýbnerová, Stanislava (referee)
"International abduction of children and the European Convention for the Protection of Human Rights and Fundamental Freedoms" Keywords: International abduction of children, Hague Convention on Civil Aspects of International Child Abduction, Council Regulation (EC) No 2201/2003, European Convention for the Protection of Human Rights and Fundamental Freedoms. The aim of the submitted doctoral thesis entitled "International abduction of children and the European Convention for the Protection of Human Rights and Fundamental Freedoms" is to examine the issue of international child abduction from the domestic, international and European perspectives and show their interconnections. To demonstrate this, the thesis will analyze the practices of national courts, the European Court of Human Rights (hereinafter referred to as the ECHR) and the European Court of Justice (hereinafter referred to as the ECJ). Attention will be paid mainly to the interpretation of one of the most important international child abduction instruments, The Hague Convention on Civil Aspects of International Child Abduction (hereinafter referred to as the Hague Convention), by the ECHR. As cases of international child abduction concern only the right to respect for one's private and family life within the meaning of Article 8 of the...
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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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