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The patient's right to third person presence in healthcare facility
Štěpánová, Dominika ; Šustek, Petr (advisor) ; Salač, Josef (referee)
Resumé This thesis discusses the problematics of third person presence alongside a patient in a healthcare facility. Despite this subject having been relevant for tens of years, it has only recently been brought to public attention due to the COVID-19 pandemic. In practice, the right to third person presence in accordance with the provisions of Article 28(3e) of the Health Services Act is commonly misinterpreted as the right to receiving visitors in accordance with the provisions of Article 28(3i) of the Health Services Act. Due in part to this fact, the main goal of this thesis is establishing legal clarity in this domain of healthcare law. The bulk of this paper consists of introduction and analysis of legislation, notably the Health Services Act, in light of international pacts and laws of the Czech Republic, on constitutional level but not limited to it. The most crucial, however, is Chapter 3, which discusses specific provisions of the Healthcare Services Act concerning the right to presence, specifically the provisions of Article 28 of this Act. Furthermore, qualitative research has been conducted among 73 Czech healthcare workers. The sample comprises respondents aged 22 to 77 with a broad spectrum of specialization and aims to present to the reader the point of view of physicians and other...
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Legal protection of the child within the intercountry adpotion proceeding
Smeková, Ivana ; Hendrychová, Michaela (advisor) ; Šustek, Petr (referee)
6 ABSTRACT IN ENGLISH The International Adoption has been introduced to the Czech law in a greater extent, in 2000, when the Czech Republic acceded to the Hague Convention on Protection of Children and Co-operation in Respect of intercountry Adoptions (1993). The Czech Republic currently provides a relatively large number of children each year for intercountry adoption to another contracting state. Nonetheless, no complex scientific publication on intercountry adoption does not exist in the Czech Republic so far, as most of the authors of expert's articles, textbooks or commentaries continue to perceive the intercountry adoption only as a marginal complement to adoption on national basis. International adoption pursues the same objective as adoption on national, namely, to find suitable new parents for the child, always in accordance with the child's best interests. However, international adoption is much more complex, as cooperation between several administrative authorities in the Czech Republic is not sufficient to effectively protect the rights and interests of the adopted child, but it is necessary to ensure mutual cooperation between administrative authorities in two sovereign states. This thesis contains a brief explanation of the institute of intercountry adoption, and its legal regulation,...
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International adoption
Kyzlíková, Martina ; Frinta, Ondřej (advisor) ; Thöndel, Alexandr (referee)
Intercountry adoption Abstract The theme of this masters thesis is legal regulation of intercountry adoption. This area of law is current and very severe, because it results in permanent status change for number of people, when one of them is a child, for which it is necessary to provide special protection. Although intercountry adoption can be in certain cases the best solution for particular child, this type of child care brings many risks, for example intercountry abduction or child trafficking. Due to these reasons, it is necessary to correctly to set rules for realisation of intercountry adoption to minimalise these risks, follow the best interest of the child and at the same time to apply this type of child care in a subsidiary way, therefore in case there is not possible to find appropriate family for certain child in its state of origin. The goal of my masters thesis is complex introduction of legal matters of intercountry adoption. The thesis is divided into five chapters, which are further divided into subsections. The first chapter focuses on development of adoption in general, its development from roman law roots to its current regulation in the civil code. Next chapter aims to the historical development of the intercountry adoption and causes for its expansion. Further there are analysed...
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Ethical basis for social work with family
Langhammerová, Kamila ; Štica, Petr (advisor) ; Ventura, Václav (referee)
The thesis deals with the ethical principles of multidisciplinary cooperation with family at the case conferences of social and legal protection of children. The objective was to establish the essential ethical criteria for using the partnership approach and paternalism in social work with family on the example of the case conferences of Authority for Social and Legal Protection of Children and submit critical reflection of practice of conferences in light of ethical principles. Keywords Social work, family, ethical principles, multidisciplinary cooperation, case conference, best interest of the child, paternalism, partnership approach
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Informed consent of minors and persons with limited legal capacity
Vráblová, Barbora ; Salač, Josef (advisor) ; Šustek, Petr (referee)
Informed consent presents interesting legal and ethical challenges that have been widely discussed both in Czech and foreign literature. Significant portion of the literature is concerned with a relationship between doctors and their patients and with the historical development of this relationship or with the principle of autonomy as one of the fundamental principles in the area of healthcare provision. Issues related to informed consent of minors or persons with limited legal capacity are often given only small amount of scholarly attention. It is for this reason that this diploma thesis deals solely with the issues related to the health care provided to minors and persons with limited legal capacity. The aim of this thesis is to create an integrated overview of the law regulating informed consent of these persons, to introduce the most important changes that have been made in recent years by the Act on Health Services and Conditions of Their Provision and by the Civil Code, and finally to add some of my reflections on selected issues which I find particularly problematic. The sixth chapter of the thesis focuses on a comparison between the Czech law and the English common law regulating informed consent of minors and persons with limited legal capacity. The issues of informed consent is an...
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Uncontested proceedings in cases involving minors
Spáčilová, Jana ; Winterová, Alena (advisor) ; Smolík, Petr (referee)
Uncontested proceedings in cases involving minors The aim of this thesis is to provide a comprehensive overview of non-contentious proceedings in cases involving minors with a defined focus on the adoption proceedings and court custody of minors. The purpose of my thesis is to analyse the area of international child abduction and the proceedings of that. Chapter One describes the contentious and non- contentious proceedings and distinction between that with an overview of non-contentious proceedings in cases involving minors and their distribution. For the purpose of this text, non- contentious proceedings in cases involving minors are divided into two subdivisions, namely the adoption proceedings and court custody of minors. Chapter Two concentrates on court custody of minors. Chapter Three focuses on the international child abduction, which is selected from court custody of minors. New substantive law was the cause of creation of the new system of procedural law, which shows a certain degree of shortcomings regarding the procedure for the adoption of an full age. The issue of international child abduction and proceedings of that is regulated by Czech and supranational law. All these regulations have common several principles which are important for all the proceedings in the court custody of...
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The Right of Child to Participate in Decision-making about his/her Upbringing
Manková, Hana ; Koťa, Jaroslav (advisor) ; Krykorková, Hana (referee)
The right of the child to participate in decision-making about his/her upbringing, decisions which directly concern him/her, is an interdisciplinary subject. The bachelor's thesis focuses on its legal, psychological and pedagogical aspects. This right is grounded in multiple legal instruments of various types and legal force. However, the interpretation of this particular right and its application in practice are highly problematic. It is in the best interest of every child to have the opportunity to express his/her opinion about issues related to his/her upbringing. This opportunity is, however, determined by social and cultural factors. The thesis clarifies the most important issues related to child's participation in decision-making about his/her upbringing within the family.
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Ethics as a normative standard in European Asylum Policy: case study of unaccompanied minors
Kohoutová, Žaneta ; Novotná, Markéta (advisor) ; Melounová, Irena (referee)
This bachelor thesis focuses on European asylum policy with the attention to unaccompanied minors. The aim is to find out on which principales the Common europen asylum system is based, how and whereas the specific situation of the unaccompanied minors is taken into consideration and where are the weaknesses while implementing the system into reality. The first theoretical chapter summarizes theoretical basis of ethics and regarding the relation ethics and migration. The second chapter is devoted to prncipales of asylum policy and its implemention into European common asylum system. The third chapter analyzes the realization of policiy through cases studies, especially in Hungary and Sweden.
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