|
|
The European standard of protection of human rights and fundamental freedoms in connection with the ban on torture
Izmailova, Lyudmila ; Hýbnerová, Stanislava (advisor) ; Ondřej, Jan (referee)
The primary objective of this work is to provide a comprehensive view of the human rights protection system concerning the prohibition of torture, focusing specifically on its European regulation. On the way to fulfill this aim, the following three hypotheses were confirmed: the prohibition of torture is currently regulated at all levels of protection of human rights, namely the universal, regional and national levels; from a comparative perspective, the highest level of protection has been achieved within the European system; and the prohibition of torture has recently acquired a social dimension. This work provides a comprehensive view, of the prohibition of torture at present time, and analyzes the instruments and mechanisms created to date. The interpretation was put into historical context, which is highly important, not only because it provides an exhaustive insight into the regulation of this issue in different sources, but also because this approach helps to understand the regulation correctly and enables the interpretation and application of respective standards in an adequate manner. It also makes it possible to better predict future developments in this area. The most interesting part of this thesis is the section that questions whether the prohibition of torture and ill-treatment are...
|
|
|
Selected aspects of the freedom of expression in the context of the European Court of Human Rights case law
Čejková, Michaela ; Křesťanová, Veronika (advisor) ; Císařová, Zuzana (referee)
1 Abstract Selected aspects of the freedom of expression in the context of the European Court of Human Rights case law The rigorous thesis is divided into two parts. The first part presents the theoretical grounding of the topic. The first chapter describes the European Court of Human Rights (ECtHR), the proceedings before the ECtHR, and its anchoring within the Council of Europe. The second chapter of the first part is devoted to the regulation of freedom of expression, both from a national and international perspective, which describes in detail the regulation of freedom of expression in the European Convention on Human Rights, the Charter of Fundamental Rights of the European Union and the International Covenant on Civil and Political Rights. The second part of the work is divided into thematic chapters, which focus on case law on freedom of speech and privacy, online environment, religious expressions, hate speech, and media diversification, and resource protection. Although the work focuses on the case-law of the ECtHR, in each chapter the decisions of other courts, such as the Court of Justice of the EU or the domestic Constitutional Court, are analyzed for comparison. At the end of each chapter, a subchapter is added concerning the analysis of partial conclusions, where the issue of ECtHR...
|
|
|
European Court of Human Rights: its position and role in protection of personal rights of an individual including analysis of judgments and the influence on domestic judical decisions
Čejková, Michaela ; Křesťanová, Veronika (advisor) ; Holcová, Irena (referee)
1 Abstract European Court of Human Rights: its position and role in the protection of personal rights of an individual including analysis of judgments and the influence on domestic judicial decisions The thesis is divided into three parts. The first part is devoted to the theoretical background of the ECHR, its function within the Council of Europe, personal ground and analysis of statistics. The thesis is also focused on the procedural rules of proceeding, with emphasis on the filing of the complaint, its formal and substantive requirements and its compliance with the Convention. In this section, is also presented to the reader the procedure, the enforceability of the decisions and the renewal of the proceedings before the Constitutional Court of the Czech Republic. In the second part, the concept of personal rights and the Convention are presented in the light of the Article 8 and 10 of the Convention because these are the most important articles when it comes to personal rights. The third part is devoted mainly to the analysis of the case law of ECHR with a connection to the domestic case law. This part is further divided into three sections, protection of personal data, right to reputation and defamation and right to own portraits. The protection of personal data consists of two parts, call monitoring...
|
|
|
The European standard of protection of human rights and fundamental freedoms in connection with the ban on torture
Izmailova, Lyudmila ; Hýbnerová, Stanislava (advisor) ; Ondřej, Jan (referee)
The primary objective of this work is to provide a comprehensive view of the human rights protection system concerning the prohibition of torture, focusing specifically on its European regulation. On the way to fulfill this aim, the following three hypotheses were confirmed: the prohibition of torture is currently regulated at all levels of protection of human rights, namely the universal, regional and national levels; from a comparative perspective, the highest level of protection has been achieved within the European system; and the prohibition of torture has recently acquired a social dimension. This work provides a comprehensive view, of the prohibition of torture at present time, and analyzes the instruments and mechanisms created to date. The interpretation was put into historical context, which is highly important, not only because it provides an exhaustive insight into the regulation of this issue in different sources, but also because this approach helps to understand the regulation correctly and enables the interpretation and application of respective standards in an adequate manner. It also makes it possible to better predict future developments in this area. The most interesting part of this thesis is the section that questions whether the prohibition of torture and ill-treatment are...
|
guest ::
