|
|
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,...
|
|
|
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...
|
|
|
Legality of Evidence in Criminal Proceedings in the Light of the European Convention on Human Rights
Nejedlý, Josef
1 Abstract This PhD thesis focuses on the legality of evidence in criminal proceedings in the light of the European Convention on Human Rights ("the Convention"). At first sight it might seem that this field is only remotely connected with the Convention. In fact, none of the provisions of the Convention expressly regulates issues of evidence and the European Court of Human Rights ("the ECtHR") traditionally refuses to rule on the legality and the admissibility of evidence having regard to its subsidiary role and the doctrine of fourth instance. Yet the days when the question of the legality of evidence was exclusively a matter of domestic law are now long gone, as is evidenced by the relatively abundant jurisprudence of the ECtHR and the former European Commission of Human Rights (jointly "the Convention organs"). Moreover, Strasbourg case-law has been evolving dynamically in this area. It is thus one of the challenges currently facing both legal science and practice which stand before the difficult task to capture and influence these developments. The gathering of evidence in criminal proceedings often conflicts with the fundamental rights of individuals. Consequently, it is not surprising that the jurisprudence of the Convention organs dealing with issues of evidence has developed particularly in the...
|
|
|
Decisions of the European Court of Human Rights in the legal system of the European Union
Jakab, Vladimír ; Scheu, Harald Christian (referee)
UNIVERZITA KARLOVA Právnická fakulta Mgr. Bc. Vladimír GUNÁR Rozhodnutia Európskeho súdu pre ľudské práva v právnom systéme Európskej únie Decisions of the European Court of Human Rights in the legal system of the European Union Rigorózní práce Tematicky okruh: Evropské pravo Abstrakt v anglickom jazyku The aim of the thesis is to describe the European system of human rights protection with emphasis on the European Court of Human Rights and the influence of selected decisions of the European Court of Human Rights on the legal order of the European Union. The work consists of three chapters. First chapter deals with the system of protection of human rights and fundamental freedoms within international law. The emphasis is on the individual systems and institutions that operate at their level. It focuses on the general characteristics of human rights and freedoms in international law with an emphasis on European Union law and briefly characterizes the entities that are the bearers of human rights and freedoms in international law. It discusses the issue of obligations in the field of protection of human rights and freedoms at the international level (including the European Union) and the issue of liability in case of breach of these obligations. The focus of this chapter is the European Convention on Human...
|
|
|
Protection of reproductive rights in the case law of European Court of Human Rights
Sýkorová, Petra ; Lipovský, Milan (advisor) ; Tymofeyeva, Alla (referee)
Protection of reproductive rights in the case law of European Court of Human Rights Abstract Irrespective of the fact that reproduction and sexuality are very intimate issue for each person, reproductive rights very often face restrictions, doubts, and attacks. This is also the case in Europe. Hence this paper deals with the topic of protection of reproductive rights in Europe, more specifically with the stance on the protection of these rights by the European Court of Human Rights. The aim of this paper is to explore the stance of ECHR on the protection of these rights. The author of the paper asks the research question: What is the position of ECHR regarding the protection of reproductive rights? At the same time, the paper points out to certain defects in the Czech legal regulation which could, arguably, lead to violation of the European Convention on Human Rights. The paper uses the method of critical analysis on the decisions of ECHR and evaluates the significance of these decisions. The paper uses the case law of ECHR as the primary source while drawing on subsidiary sources such as international organizations' documents or academic articles. Reproductive rights are examined through the human-rights approach with the emphasis on the women's rights in this area. This paper is divided into three parts....
|
|
|
Political Role of Courts and Judges from a European and Comparative Perspective
Vikarská, Zuzana ; Ondřejek, Pavel (referee)
1 Political Role of Courts and Judges from a European and Comparative Perspective Zuzana Vikarská The submitted dissertation examines European apex courts (i.e. the Court of Justice of the European Union and the European Court of Human Rights) and aims to answer the research question whether these judicial institutions are political and, if so, in what sense. The author puts forward five perspectives from which the political role of courts and judges can be analysed. The first dimension perceives judges as human beings who are influenced not only by legal rules but also by various non-legal influences, including political ones. In the first dimension, the notion of politics therefore stands in contrast to a certain idea of legal purity and separation of law from politics. This first dimension covers various jurisprudential perspectives on judicial decision-making, but also issues such as transparency of judicial institutions or the quality of judicial reasoning. The second dimension looks at the nomination procedures that lead to judicial appointments at the European apex courts. In this case, politics means the participation of political actors in the process of selecting candidates for the judicial functions. In this meaning, the notion of politics stands in opposition to the notion of expertise. The...
|
|
|
Freedom of expression of the media: Comparison of case law of the European Court of Human Rights and the Inter-American Court of Human Rights
Davidová, Barbora ; Balaš, Vladimír (referee)
The diploma thesis deals with regional protection of freedom of expression with focus on the media. The aim of the thesis is to carry out a comparative analysis of the relevant regional documents concerning human rights protection and particularly of the selected case- law of the European Court of Human Rights and the Inter-American Court of Human Rights regarding freedom of expression of the media. I will find out where the differences or, on the other hand, the similarities of the courts' approaches to a different topics are. The thesis is divided into three parts. The first, introductory part deals with the theoretical grounding of the media and the issue of media freedom of expression from the perspective of historical development and international law. The second part focuses on protection of the freedom of expression of the media within two regional systems of human rights protection: the European and the Inter-American systems. With the help of Czech and foreign reference literature, both regional human rights protection systems are presented in separate subchapters, focusing at first on the procedural aspect - on the questions of who can claim the protection, from which authority and in what way; and whether a journalist himself, or perhaps a media owner, who believes their right to freedom...
|
|
|
Freedom of expression of the media: Comparison of case law of the European Court of Human Rights and the Inter-American Court of Human Rights
Davidová, Barbora ; Balaš, Vladimír (referee)
The diploma thesis deals with regional protection of freedom of expression with focus on the media. The aim of the thesis is to carry out a comparative analysis of the relevant regional documents concerning human rights protection and particularly of the selected case- law of the European Court of Human Rights and the Inter-American Court of Human Rights regarding freedom of expression of the media. I will find out where the differences or, on the other hand, the similarities of the courts' approaches to a different topics are. The thesis is divided into three parts. The first, introductory part deals with the theoretical grounding of the media and the issue of media freedom of expression from the perspective of historical development and international law. The second part focuses on protection of the freedom of expression of the media within two regional systems of human rights protection: the European and the Inter-American systems. With the help of Czech and foreign reference literature, both regional human rights protection systems are presented in separate subchapters, focusing at first on the procedural aspect - on the questions of who can claim the protection, from which authority and in what way; and whether a journalist himself, or perhaps a media owner, who believes their right to freedom...
|
|
|
Case-law of the European Court of Human Rights in Relation to Social Rights.
Rudolfová, Iveta ; Koldinská, Kristina (advisor) ; Tomšej, Jakub (referee)
This diploma thesis analyses the status of social rights in the case-law of the European Court of Human Rights. It aims to show, particularly through the analysis of selected court decisions, how the European Court of Human Rights, as a control mechanism established by the Convention for the Protection of Human Rights and Fundamental Freedoms seeking to provide recognised rights and freedoms with practical and effective protection, deals with the absence of social rights in the Convention's catalogue. The thesis is divided into four chapters. The first chapter is dedicated to the brief description of the Convention, its control mechanism and the catalogue of declared fundamental rights and freedoms. In this section the thesis also deals with the question, what were the reasons that lead to the absence of social rights in the Convention's catalogue and what consequences can be draw from this fact for the status of social rights. In this context the thesis discusses the principle of indivisibility of human rights, according to which all human rights hold an equal status and which requires that human rights of all categories are protected and promoted with the same emphasis. The second chapter deals with the way the Court includes social aspects of guaranteed civil and political rights in its...
|
|
|
Protection against Discrimination under the European Convention on Human Rights
Konoplia, Oleksandra ; Lipovský, Milan (advisor) ; Pulgret, Miroslav (referee)
The thesis is focused on the examination of the scope of Article 14 of the European Convention of Human Rights, theoretical framework, and legal basis of the concept of discrimination. The paper presents an analysis of the caselaw of the European Court on Human Rights, how the latter operationalises the issue of inequality, and which inaccuracies of interpretation it leaves. The primary aim is to challenge the system of protection against discrimination under the Article 14 as well as the role of the national actors in its development. The thesis examines the level of compliance among signatories of the Convention with its anti- discriminatory provisions and focuses on the individual capacities of the states to satisfy judgements of the European Court on Human Rights. The usage of the comparative approach also helps to analyse the role of local non-governmental organisations in the process of compliance with human rights obligations under the Convention among signatories. The thesis aims to show why the level of protection against discrimination differs from the one country to another and which obstacles they face on the path towards the respect for human rights.
|
guest ::
