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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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Level of the Protection of Human Rights in the Russian Federation
Recinová, Pavla ; Sádovský, Stanislav (advisor) ; Stracený, Josef (referee)
The main objective of this bachelor thesis entitled 'The Level of the Protection of Human Rights in the Russian Federation' is to describe and analyse the current situation of the protection of human rights and freedoms in the Russian Federation. At the same time, it tries to find answers to the question, what is the level of the protection of human rights in this country? After the more general interpretation of the concept of human rights and an overview of the development of human rights in the Russian Federation, the thesis concentrates on the issue of the Russian substantive and procedural law of human rights. The following is a list of state, non-governmental and international organizations, centers, and clubs dealing with the protection of human rights. In the final chapter are pointed out flagrant violations of human rights. To illustrate human rights abuses, specific cases are also documented. Keywords Human Rights, Freedoms, the Union of Soviet Socialist Republics, the Russian Federation, Declaration of Human Rights and Freedoms, European Court of Human Rights, Human Rights Organizations, Political Prisoner, Prisoner of Conscience, Journalist
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Freedom of Religion or Belief in the Context of European and International Law
Bartoň, Daniel ; Scheu, Harald Christian (advisor) ; Bílková, Veronika (referee) ; Machalová, Tatiana (referee)
Freedom of Religion or Belief in the Context of European and International Law This PhD dissertation focuses on selected aspects of freedom of religion or belief in Europe. It aims to introduce the legal framework in which religious freedom has to operate, and to place this essential freedom into a broader cultural, religious and human rights context. The contextualisation emphasised throughout this dissertation is based on an assumption that it is not possible to establish a pure legal notion of religious freedom that would not bear any imprint of the societal, legal, cultural and religious context of its authors; in reality, each person's understanding of religious freedom is rooted in his culture, religion and experience. This should not lead, however, to a complete rejection of the possibility of a common understanding and universal protection of religious freedom. On the contrary, it should motivate each interpreter and law-maker in the area of religious freedom to study the understandings of all persons and entities involved in a particular case or situation. Having thoroughly studied all presented claims rooted in religious freedom and having taken into consideration all other rights, principles and interests involved, it should be possible for the decision-makers to resolve the case in a...
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The protection of ownership right and property restitution in the case-law of the European Court of Human Rights
Cilli, Michala ; Šturma, Pavel (advisor) ; Hubálková, Eva (referee)
The protection of ownership right and property restitution in the case-law of the European Court of Human Rights. Abstract The topic of this graduation theses is the protection of property as embodied and provided by European Convention of Human Rights and its authorities. The author also pays attention to how the European Court of Human Rights dealt with number of Czech and Slovak complaints concerning the restitution process taking place after the fall of the communism with purpose to rectify at least some of the last regime's wrongs as to the acts of deprivation occurred before the restoration of democracy. Emphasis is primarily put on Strasbourg authorities case law.
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Legal protection of right for family life in Czech Republic in the light of European Court of Human Rights sentence
Hradilková, Žofie ; Šabatová, Anna (advisor) ; Pazlarová, Hana (referee)
: This bachelor's thesis undertakes the protection of a family through the perspective of human rights and the perspective of the European Court of Human rights and its judicature. It deals with the question of how are the rights for a family protected, explained and administered in the Czech Republic. The thesis is based on accomplished judicature of the European Court and its two decisions against the Czech Republic for the violation of Art. 8 of the European Convention on Human Rights, which guarantees everybody the right for their family life to be respected. The Czech republic is often being criticized for violation of children's rights, mostly because it doesn't respect the right of children for a family and interferes with it too needlessly or insensitively. That results in relatively high numbers of children held in asylums in the Czech republic compared to other European countries. In order to demonstrate the situation in the Czech republic, in the text are introduced three examples of families' rights being restrained by moving the children into asylums Key words: family, human rights, European Court of Human rights, children protection, European Convention on Human Rights
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Freedom of expression from the point of view of the European Convention on Human Rights and its limits
Sládková, Veronika ; Grmelová, Nicole (advisor) ; Prygl, Pavel (referee)
The right of freedom of expression is often mentioned as one of the most significant human rights. Despite its importance and necessity for functioning and development of any democratic society, this right is not without limits. The aim of this theses is to find the limits of the right of freedom of expression within the system of the ECHR which represents one of the most important documents in the human rights field at the international level. The important position of freedom of expression will be proved by an analysis of the theoretical context of freedom of expression in the system of the ECHR as well as by examination of the work of the European Court of Human Rights and its case law connected to the right of freedom of expression.
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Article 8 of The European Convention on Human Rights
Havelková, Lenka ; Grmelová, Nicole (advisor) ; Spirit, Michal (referee)
This thesis bearing the name "The European Convention on Human Rights, Article 8" has the objective to define the right to respect for private and family life through the jurisprudence of the European Court of Human Rights. The work is concentrating on the topic of registered partnership, especially upon the question of whether a homosexual pair can be recognized as a family in the sense of Article 8 of European Convention on Human Rights. Further issues discussed are the question of children and their biological parents, whether a child has a right to know his biological parents, and the problem of implementation of Article 8 in the Czech Republic focusing on the question of problems in implementation of the right to respect for private life and for family life. The first two chapters are aimed at defining the pertinent terms and outlining the historical development of this area of law. Main part of the work are the last two chapters, which are concentrating on the above mentioned issues through the interpretation of selected relevant jurisprudence of the European Court of Human Rights. This interpretation of the jurisprudence has resulted in answers on the set questions, with respect to the fact that it is a current interpretation of the Convention by the Court. The main finding is the necessity to realize that the Convention as a living instrument will keep developing according to the development of society, which leads to the results and answers being pertinent only at the time of writing of this work, with the future development being possibly different from current results.
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The legal status of asylum seekers in the EU
Potluková, Pavlína ; Grmelová, Nicole (advisor) ; Šťastný, Tomáš (referee)
The purpose of the bachelor thesis is to describe circumstances relating to completion of Common European Asylum System, furthemore the work is focused on asylum procedures in developed countries. The work is divided into four chapters, the first of which explains the basic concepts of an asylum area. In the second chapter, there is depicted the development of legal status of refugees and asylum seekers, in connection with legal acts and international treaties governing the status of these persons. The issue of basic rights and obligations of asylum seekers and refugees is entrusted to the third part of work, followed by a chapter focusing on the description of asylum procedures and its results in five selected european countries.
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