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The right of a child to know his/her genetical origin
Zýchová, Jana ; Radvanová, Senta (advisor) ; Frinta, Ondřej (referee)
My thesis deals with the child's right to know his or her genetic origin. It is a universal human right guaranteed by the Convention on the Rights of the Child. The Article 7, paragraph 1 states that every child has a right to know his or her parents, if possible. European Court of Human Rights repeatedly postulated that the right to know one's origin is an integral part of the right to respect for private and family life provided by the Article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms. The purpose of my work is to explain on particular problems, to what extent is this right respected in the Czech Republic, in conformity with its international obligations. The text is based on valid legal status to June 21, 2011, with regard to proposed changes in the upcoming adoption of the new Civil Code. The text is systematically divided into seven chapters. The first chapter is focused in general on the right to know one's own origin in the human rights dimension. The following chapters examine particular relevant sections of family law and its imperfections. Firstly, I discuss the issue of determination and denial of parenting with an emphasis on emerging deliberate disharmony between biological and legal parenthood. Furthermore, I focus on the issue of adoption,...
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The right of a child to know his/her genetical origin
Zýchová, Jana ; Radvanová, Senta (advisor) ; Frinta, Ondřej (referee)
My thesis deals with the child's right to know his or her genetic origin. It is a universal human right guaranteed by the Convention on the Rights of the Child. The Article 7, paragraph 1 states that every child has a right to know his or her parents, if possible. European Court of Human Rights repeatedly postulated that the right to know one's origin is an integral part of the right to respect for private and family life provided by the Article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms. The purpose of my work is to explain on particular problems, to what extent is this right respected in the Czech Republic, in conformity with its international obligations. The text is based on valid legal status to June 21, 2011, with regard to proposed changes in the upcoming adoption of the new Civil Code. The text is systematically divided into seven chapters. The first chapter is focused in general on the right to know one's own origin in the human rights dimension. The following chapters examine particular relevant sections of family law and its imperfections. Firstly, I discuss the issue of determination and denial of parenting with an emphasis on emerging deliberate disharmony between biological and legal parenthood. Furthermore, I focus on the issue of adoption,...
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