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The reconceptualization of consent in Europe; a feminist discussion of the limitations and possibilities of consent laws in Scandinavia
Ziirsen-Aineto, Luna María ; Helman, Ivy Ann (advisor) ; Kobová, Ĺubica (referee)
CHARLES UNIVERSITY FACULTY OF HUMANITIES Department of Gender Studies Luna María Ziirsen-Aineto The Reconceptualization of Consent in Europe; a Feminist Discussion of the Limitations and Possibilities of Consent Laws in Scandinavia Diploma Thesis Supervisor: Dr. Ivy Helman, Ph.D Prague 2023 Abstract This research aims to investigate how the consent-based rape legislation of Denmark has been implemented and interpreted within court cases. Furthermore, this paper will shed a light on the complexities inherent to the process of consent negociation within sex, sexual assault and rape. The objective is to challenge the gender-neutral and neo-liberal perception of consent of Denmark, and in turn reveal and challenge the heteronormative structures that persist in our societal comprehension of gender, sex and sexualities. A further discussion will be had on the re-imagining of sex culture and in which ways consent proves to be a limited concept for envisioning an equal and feminist sex culture. A final point will be made regarding the other structural inequalities that are concealed due to the Danish approach to consent, and how this affects the court cases at hand. This research ultimately strives for a re-conceptualization of consent as a gendered concept, one that if not considered as such, will reproduce the...
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Rape in a comparative perspective with a focus on affirmative consent
Mrázková, Barbora ; Mulák, Jiří (advisor) ; Pelc, Vladimír (referee)
Rape in a comparative perspective with a focus on affirmative consent Abstract Rape is considered as one of the worst crimes that can be committed against another person, mainly because of the extreme interference in their intimate area. Changes in the perception of this crime can be seen in recent years both in the Czech Republic and throughout Europe. A large number of states abandoned definition of rape based on coercion and now focuse on the lack of consent of the victim. In the Czech Republic, the model based on the coercion still persists, although the Supreme Court's decisions is slowly approaching those states that have redefined this crime. These days, government and parliamentary bodies are holding seminars to discuss the need for new legislation. This thesis mainly focuses on the crime of rape from a criminal law perspective. It deals with the definition of this crime and the definition of consent in states that consider rape as sexual intercourse without the victim's consent. Based on the findings, it offers de lege ferenda considerations relating to the possible redefinition of rape in the Czech legal system, taking into account the current decisions of the Supreme Court. Its main aim is therefore to take a comprehensive view of the concept of affirmative consent and to provide a draft bill....
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The role of the Third parties in International Commercial Arbitration
Šedivý, Martin ; Pauknerová, Monika (advisor) ; Růžička, Květoslav (referee)
The role of the Third parties in International Commercial Arbitration This thesis precisely define the concept of third parties in the field of International Commercial Arbitration as well as the definition of the term itself. According to the author of this thesis, third parties are the key for the process of transformation of the contractual approach in an International Commercial Arbitration in the reaction on the economic reality. This work is based on analyses of laws, comments, literature, academic articles, arbitration awards and case law. This text was created using experiences from an international commerce and transforms actual theoretical contractual approach of the International Commercial Arbitration. Contribution of this thesis lies in completion of knowledges from decision making process and creation of a brand new theoretical concept of International Commercial Arbitration and capture the shift in view of consent to arbitrate. This theory further reflects actual state of the decision making process and the needs of an International Commerce. Using this approach entitles author's theory for the practical use as a model for decision making process of arbitrators and for judges of national courts with regard to recognition and enforcement of the arbitral awards. Thesis is divided into...
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Legal Defenses under Czech and German Criminal Law
Horský, Jiří ; Vokoun, Rudolf (advisor) ; Vanduchová, Marie (referee)
The thesis addresses the analysis and comparison of individual elements of defenses under Czech and German criminal legal statutes with respect to the conclusions, which are therefrom drawn in theory and practice. The aim of the thesis was to render overview concerning the distinctions in the defenses, provided that these are based on common reasoning, are generally acknowledged and theoretically elaborated, rather than to present an exhaustive commentary on all legal institutes which exclude illegality and as such come into mind. The fact that the defenses are mutually close in their character and meaning within both legal systems was a major prerequisite for the thesis. The thesis analyses the distinctions with regard to the individual preconditions of separate defenses. These distinctions are not limited only to the extent of the wording of a legal statute, they also greatly manifest in professional literature and case law. Owing to the brief and abstract nature of the respective provisions the courts and theorists developed large quantities of principles and rules which precise and sometimes even amend these provisions. The subject has been processed under consideration of the present-day legal regulation, the topics of origin and development of defenses has intentionally not been discussed....
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The informed consent, particularly the criminal aspects
Malý, Lukáš ; Sovová, Olga (advisor) ; Císařová, Dagmar (referee)
Univerzita Karlova v Praze Právnická Fakulta Katedra trestního práva Centrum zdravotnického práva Lukáš Malý The Informed Consent, particularly the criminal aspects Thessis Short summary This thesis deals with a current problem of informed consent of a patient to a medical treatment, with a special regard to aspects of such consent pertaining to criminal law. Current healthcare in a vast majority of modern countries is based on the principle of informed consent. Following an introductory review of the history of the physician-patient relationship, the current legislation surrounding the informed consent is analyzed. These laws are undergoing major changes as this thesis is being finished, giving me the chance to describe both past and future legal regulation. I proceed to describe in detail when the informed consent is required, in what form must it be granted and what sort of medical information is needed to be given to the patient prior to his decision. To adequately weigh the aspects of criminal responsibility in relation to informed consent, the analysis of all possible forms of legal responsibility is performed, with some comparisons to relevant criminal regulation in other countries being made.
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Abortion for underage people - ethical context
FILIPOVÁ, Petra
FILIPOVÁ, P. Abortion for underage people ? ethical context. České Budějovice, 2013. A diploma thesis written under Faculty of Health and Social Studies, the thesis advisor Mgr. et Mgr. Ondřej Doskočil, Th.D. The diploma thesis tries to describe the issue of abortion for underage applicants and related context. This sensitive issue is regulated by the Law no 66/1986, of abortion. The thesis is divided into theoretical and practical part. The first part deals with contemporary condition of abortion for underage people in general context. The following topics are analysed in the next step: historical context of abortion in the Czech Republic, relation of abortion and medicine, justificatory reasons of abortion and ethical context of this sensitive issue. Methods of abortion are described in the following section. One of the most crucial chapters is the consent and the steps which are taken in connection with underage patients. In the research part of the thesis, the strategy of qualitative research was used, which was performed by the method of interrogation. The semistructured interview was chosen as a technique for the interrogation. The research file consisted of 5 male and 3 female doctors from gynaecological surgeries and from the women department of hospitals from different parts of the Czech Republic. The aim of the diploma thesis was to describe the recent situation of providing consent about performing abortion of underage applicants for this medical intervention; to find out and describe how male and female doctors of gynaecological surgeries and women departments of hospitals deals with the whole abortion of underage people issue as professionals but also personally. The last of the generated aims was to point out ethical context connected with the issue on the basis of new-found information. In order to reach the aims mentioned above, we used a set of questions which were focused on the abortion for underage applicants procedure and on the issue of the consent about performing this medical intervention. In the discussion chapter, the answers from the interviews are summarized and those answers are compared with available literature and they are supported with arguments. In the end, thesis which can serve as hypothesis for possible quantitative research were defined. From the research, it came out that questioned male and female doctors prefer legal aspect of medical care when deciding at the expense of ethical aspects and they also notice a conflict between legal adjustment of abortion for underage people and legal adjustment of other medical interventions connected with this age group. It also came out that laws should origin from the deep conviction of the whole society because nobody cannot be sure how he or she would act in this situation. Interviewees emphasise that an underage girl should learn how to act with responsibility. If she feels mature enough for sexual life, she should also bear all the consequences of her decision. The thesis also refers to the question of the genesis of life as modern biology proves uniqueness of an individual from the moment of conception. Outcomes of the research could be used for description of the whole situation connected with abortion for underage people, for discovering this issue and extension of laymen and professional community awareness. The research could be also useful for helping professions.
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