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Legal position of a child with regard to the right of participation (comparative study)
Javoreková, Alexandra ; Hendrychová, Michaela (advisor) ; Šustek, Petr (referee)
The thesis concentrates on the topic of legal position of a child and his or her participation rights. It is drawn as a comparative study and focuses on comparing the legislation concerning participation rights of the child in the Russian Federation and the Czech Republic. The main goal of the thesis is to find identical or similar elements in the legislation regarding the child's legal position and his/her participation rights. Adoption of the Convention on the Rights of the Child in 1989 was followed by a changed approach of its member states towards the legal position of the child. States enlisted provisions into their legislation that held a child not only as a passive holder of rights but an active subject that is able to exercise those rights after fulfilling legal conditions. The important aspect on which the thesis also focuses is assessing whether the participation rights of a child are really being applied in practice or they are up to the present day rather a theoretical construction. The thesis is divided into an introduction, four main chapters, which are further divided into subsections, and a conclusion. The first chapter deals with fundamental terms, which are crucial in relation to the legal position of a child and his/her participation rights. Firstly, a definition of "a child" is...
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The Best Interest of the Child (especially in connection with Interim injuction)
Brejša, Jakub ; Hendrychová, Michaela (advisor) ; Lederer, Vít (referee)
The Best Interest of the Child (especially in connection with Interim injunction) Abstract The topic of this thesis is the issues of minor children, who must enjoy increased legal protection due to their age, immaturity, dependence on parents, etc. For this reason, the topic of this thesis will focus on the principle of the best interests of the child. This issue of minors is explained not only in terms of constitutional order and legal regulations in the Civil Code, but also in terms of civil procedural law, the Act on Special Judicial Procedures and the Act on the Social and Legal Protection of Children. The work focuses mainly on the institute of preliminary measures, the purpose of which is to provide protection for the vulnerable child in cases where, for various reasons, it is not possible to wait except for the issuance of a substantive decision on the merits, resp. it is obvious that waiting for the decision of the court on the merits would be contrary to the interests of the child, who found himself in need for some reason, and his best interests are thus endangered. The aim of this thesis is to explain the topic of the best interests of the child, especially in connection with Interim injunction. An interim injunction is intended to provide immediate protection to a child in need, a weaker article...
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Participatory rights of the child in case law of the Constitutional Court
Vanýsková, Zuzana ; Hofmannová, Helena (advisor) ; Reschová, Jana (referee)
The topic of the thesis "Participatory rights of the child in case law of the Constitutional Court" is a specific complex of rights guaranteed to the child by the constitutional order of the Czech Republic and international treaties, especially the Convention on the Rights of the Child. The child has been viewed as a particular rights subject only in recent decades when the Constitutional Court rejected the idea of a child being an object of other's decision and granted children the status of a subject and a participant in proceedings. Participatory rights are an important set of children rights and can be summarized as the right to be informed about proceedings, the right to express opinions, the right to be notified about the decision of proceedings. The thesis aims to present children rights of participation from the point of view of constitutional law, to focus on the development of the judiciary of the Constitutional Court, and subsequently to compare it with Czech and foreign literature. The first part of the thesis deals with the theoretical definition of the development of the position of the child from the nineteenth century to the present, the Convention on the Rights of the Child and its principles, as well as general participation rights in international and national law. The thesis...
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Legal position of a child with regard to the right of participation (comparative study)
Müllerová, Michelle ; Hendrychová, Michaela (advisor) ; Šustek, Petr (referee)
Legal position of a child with regard to the right of participation This thesis is constructed as a comparison of the legal position of a child in the Czech Republic and England. The aim is to discuss the rights of a child in general with special regard to his or her right of participation and to evaluate how the rights are respected in both states. This thesis mainly underlines the common aspects as well as the main differences in the legislation while suggesting some possible changes. After the introduction, there are four main chapters subsequently divided into subsections. The first chapter explains the terms "child" and "the best interests of a child". The concept of "the best interests of a child" is firstly discussed in accordance with the General Comments published by the Committee on the Rights of the Child followed by the explanation on how the legislation of the compared states understands this term. The second chapter discusses how the rights of a child developed in the last decades whereas the starting point from which we generally speak about children rights is the beginning of the 20th century. The most important international agreements are mentioned, for example the Geneva Declaration of the Rights of the Child of 1924, Declaration of the Rights of the Child of 1959, International...
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Legal position of a child with regard to the right of participation (comparative study)
Javoreková, Alexandra ; Hendrychová, Michaela (advisor) ; Šustek, Petr (referee)
The thesis concentrates on the topic of legal position of a child and his or her participation rights. It is drawn as a comparative study and focuses on comparing the legislation concerning participation rights of the child in the Russian Federation and the Czech Republic. The main goal of the thesis is to find identical or similar elements in the legislation regarding the child's legal position and his/her participation rights. Adoption of the Convention on the Rights of the Child in 1989 was followed by a changed approach of its member states towards the legal position of the child. States enlisted provisions into their legislation that held a child not only as a passive holder of rights but an active subject that is able to exercise those rights after fulfilling legal conditions. The important aspect on which the thesis also focuses is assessing whether the participation rights of a child are really being applied in practice or they are up to the present day rather a theoretical construction. The thesis is divided into an introduction, four main chapters, which are further divided into subsections, and a conclusion. The first chapter deals with fundamental terms, which are crucial in relation to the legal position of a child and his/her participation rights. Firstly, a definition of "a child" is...
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