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Victims of human trafficking: Access to justice as Public Policy issue
Kutálková, Petra ; Cejp, Martin (advisor) ; Ochrana, František (referee) ; Pojman, Petr (referee)
The dissertation offers a complex insight into the workings of provisions regarding the policy in the area of combating human trafficking with a focus on the tools which should guarantee access to justice for victims of human trafficking in the Czech Republic. By means of an event analysis covering the years 1993-2013 and using the theoretical premises of Actor-Centred Institutionalism and Social Construction of Target Groups, the paper shows that most institutions and actors active in the observed area of the policy are primarily focused on criminal repression rather than the rights and needs of human trafficking victims. Even the position of the victim is rather weak in the observed segment of the policy in comparison to the declaratory stances. In relation to actors and institutions, the position of the victims is strengthened by the Act on Social Services and weakened, besides other things, by several institutionalized uses of the human trafficking concept. In practice, the group which reaches help and rights is narrowed by them, and, at the same time, they act as an uncertainty factor in the work of Law Enforcement Authorities and other actors. A part of the dissertation is comprised of recommendations, which proceed from a theoretical base of public policy as well as an extensive critical...
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European Regulation of Victims' Rights
Lebl, Ondřej ; Scheu, Harald Christian (advisor) ; Navrátil, Petr (referee)
European regulation of crime victims' rights Abstract The thesis deals with regulation of crime victims' rights at the level of the European Union and the Council of Europe. It aims to summarize its bases, current legal regulation as well as its possible development in the near future, and endeavours to assess the level to which the existing secondary EU law reflects the human-rights basis of the victims' rights. The first part of the thesis introduces human-rights basis of the victims' rights, represented by the Convention, the Charter and related case-law of the ECtHR and CJEU, which guarantees access to justice, thus right to an effective remedy and right to a fair trial, particularly to victims of violent crime. Victims also have the right to protection from repeat victimization and must not be discriminated. Next parts of the thesis analyze current legal regulation of the Council of Europe, where Convention on Compensation is a crucial binding tool, and of the European Union, where relatively developed regulation of victims' rights exists in form of directives providing for minimal rules of harmonization. The horizontal Victims' Rights Directive constitutes the cornerstone of this regulation. It provides victims of all criminal offences with rights connected to their participation in criminal...
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The Rights of a Child in International Documents in Juvenile Justice
Pham, Minh Tra ; Bayerová, Monika (advisor) ; Hýbnerová, Stanislava (referee)
Upholding the International Rights of Children in Conflict with the law Abstract Children in conflict with the law are a particularly vulnerable group. This vulnerability results from their specific status as children as well as their contact with the justice system. Generally, children are vulnerable due to their frequent dependence on adults and societal views that children are subordinate to them. When children, who are already vulnerable due their status, come into contact with the criminal justice system, their rights are at further risk for violation. However, even in these situations, the child is still a fully-fledged bearer of his or her rights and can claim protection and fulfillment thereof. Therefore, each state should ensure adequate protection for children in conflict with the law thus respecting its obligations stipulated in international law. Many binding and non-binding documents were adopted by various bodies within the United Nations (UN). Taken together, these documents form the international legal standards and norms on which the international juvenile justice framework is based. This year, the United Nations Convention on the Rights of the Child of 1989 (UNCRC), which is considered to be the most important document informing the international juvenile justice framework, celebrates its...
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Victims of human trafficking: Access to justice as Public Policy issue
Kutálková, Petra ; Cejp, Martin (advisor) ; Ochrana, František (referee) ; Pojman, Petr (referee)
The dissertation offers a complex insight into the workings of provisions regarding the policy in the area of combating human trafficking with a focus on the tools which should guarantee access to justice for victims of human trafficking in the Czech Republic. By means of an event analysis covering the years 1993-2013 and using the theoretical premises of Actor-Centred Institutionalism and Social Construction of Target Groups, the paper shows that most institutions and actors active in the observed area of the policy are primarily focused on criminal repression rather than the rights and needs of human trafficking victims. Even the position of the victim is rather weak in the observed segment of the policy in comparison to the declaratory stances. In relation to actors and institutions, the position of the victims is strengthened by the Act on Social Services and weakened, besides other things, by several institutionalized uses of the human trafficking concept. In practice, the group which reaches help and rights is narrowed by them, and, at the same time, they act as an uncertainty factor in the work of Law Enforcement Authorities and other actors. A part of the dissertation is comprised of recommendations, which proceed from a theoretical base of public policy as well as an extensive critical...
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