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Right to a healthy environment in the case-law of the European Court of Human Rights
Zukalová, Gabriela ; Franková, Martina (advisor) ; Derlich, Stanislav (referee)
Right to a healthy environment in the case-law of the European Court of Human Rights Abstract The thesis deals with the right to a healthy environment as protected by the European Court of Human Rights. The thesis aims to provide a comprehensive overview of the ECtHR case-law on the right to a healthy environment, to identify the main characteristics of this right and the ways the ECtHR uses to protect it and to assess the strengths and weaknesses of the ECtHR approach. The second objective is to place the ECtHR case-law in the context of international law and other regional instruments and to identify how they influence the ECtHR's decision-making. On the basis of this information, the thesis asks a broader question of whether the ECtHR can effectively contribute to the protection of the right to a healthy environment in the 21st century, particularly in the context of climate change, or whether an explicit enshrinement of the right to a healthy environment in the Convention is potentially appropriate. The thesis first examines theoretical aspects of the right to a healthy environment and its position in international law and other regional human rights systems. Subsequently, the thesis provides an introduction to the ECHR system and introduces the basic institutes related to the individual complaint...
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The right to respect for private and family life
Fremrová, Jolana ; Šturma, Pavel (advisor) ; Hýbnerová, Stanislava (referee)
The right to respect for private and family life Abstract The diploma thesis focuses on the notion of the right to respect for private and family life in the light of the Article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms. Its aim is to compile a specification of the notion, while using the significant relevant judgments of the European Court of Human Rights or the former European Commission of Human Rights. Despite the fact, that the Convention is perceived as a "living instrument" and the exhaustive definition of the rights and freedoms included is not fixed and not even possible to set, the thesis targets to assemble the mosaic of individual partial aspects, which may, under certain conditions, enjoy the protection under Article 8 of the Convention. The protection of the privacy of an individual is a topic, which is extremely actual and it is probable that its importance is going to even more rapidly increase in the next years. Since the notion of the right to respect for private and family life is a very broad concept and the extent of the diploma thesis is not capable to deal it in a whole range, I have chosen its environmental aspects as a major interest of the thesis. In spite of the fact that the Convention includes no right to a decent environment, the Court has...
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Conflict of environmental protection with the right to inviolability of the home
Chobotová, Tereza ; Sobotka, Michal (advisor) ; Franková, Martina (referee)
The protection of fundamental rights and freedoms is the basic element of every modern democratic society. These rights are regulated in many international treaties and at the same time the states set them out in their constitutions. The Czech Republic is no exception. In the application of fundamental rights conflicts occur from time to time, and one of the rights must retreat to another. This thesis deals with the collision of the right to favourable environment and the right to inviolability of the home. The main theme is the new regulation of the Act no. 201/2012 Coll. on Air Protection, which from January 1st , 2017 allows the direct control of the combustion stationary air pollution sources and fuels in the households.
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The right to a favorable environment in case-law of the Czech courts
Novák, Jiří ; Sobotka, Michal (advisor) ; Derlich, Stanislav (referee)
The diploma thesis deals with the right to a favorable environment in case-law of the Czech courts. The main aim of this thesis is to provide a comprehensive overview of its progression in the case-law on the right to a favorable environment for legal entities, especially societies (environmental non-governmental organizations). At first it follows up definition of key concepts and sources of law related to the right to a favorable environment. The thesis discusses the environmental protection processes (such as the land-use planning, the environmental impact assessment procedure and integrated permitting), the Aarhus Convention, legal protection and locus standi as the most important topics. The main part of the thesis analyzes the relevant case law of the Constitutional Court of the Czech Republic and the Supreme Administrative Court of the Czech Republic. The conclusion of the thesis is a summary and evaluation of its progression in the case-law on the right to a favorable environment for legal entities.
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Purposeful Categorization of Land as an Interference with the Right to Property
Pour, Jiří ; Franková, Martina (advisor) ; Damohorský, Milan (referee)
Thesis Purposeful Categorization of Land as an Interference with the Right to Property presents an analysis of the institute of purposeful categorization of land and its specifics on a background of a theoretical thought about the right to property, the right to favorable environment and the collision of two constitutionally guaranteed rights. The purpose of this thesis is to assess current legislation of purposeful categorization of land, including the instruments that are used in relation to it, and to, based on the assessment, identify problematic issues of the legislation and asses the limitation of right to property that the individual instruments related to the institute create. Powered by TCPDF (www.tcpdf.org)
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The right to respect for private and family life
Fremrová, Jolana ; Šturma, Pavel (advisor) ; Hýbnerová, Stanislava (referee)
The right to respect for private and family life Abstract The diploma thesis focuses on the notion of the right to respect for private and family life in the light of the Article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms. Its aim is to compile a specification of the notion, while using the significant relevant judgments of the European Court of Human Rights or the former European Commission of Human Rights. Despite the fact, that the Convention is perceived as a "living instrument" and the exhaustive definition of the rights and freedoms included is not fixed and not even possible to set, the thesis targets to assemble the mosaic of individual partial aspects, which may, under certain conditions, enjoy the protection under Article 8 of the Convention. The protection of the privacy of an individual is a topic, which is extremely actual and it is probable that its importance is going to even more rapidly increase in the next years. Since the notion of the right to respect for private and family life is a very broad concept and the extent of the diploma thesis is not capable to deal it in a whole range, I have chosen its environmental aspects as a major interest of the thesis. In spite of the fact that the Convention includes no right to a decent environment, the Court has...
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