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The protection of Indigenous women in the context of Inter-American Human Rights System
Sedláčková, Petra ; Tymofeyeva, Alla (advisor) ; Lipovský, Milan (referee)
The protection of Indigenous women in the context of Inter-American Human Rights System Abstract The aim of the thesis is to identify the means of protection of Indigenous women's rights. The author rises the subsequent questions: (i) which documents of this regional system offers protection to Indigenous women and based on what reason; (ii) what bodies operate in the Inter-American framework and Indigenous women can turn on them; (iii) what violations of rights have been addressed in the jurisprudency of the Inter-American Court of Human rights and what meaning does it have regarding to protection of Indigenous women? The first part contains the crucial documents in the topic of protection of indigenous women's rights. The author refers to the role and relation of both basic regional catalogues of human rights, American Declaration of the Rights and Duties of Men and American Convention on Human Rights. She also refers to a quite recent document, American Declaration on the Rights of Indigenous Peoples that offers expressis verbis some protection to Indigenous women. Apart from that, other documents providing special protection to certain groups are analysed: Inter-American Convention on the Prevention, Punishment and Eradication of Violence against Women, Inter-American Convention on Forced Dissappearence...
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Alternative Dispute Resolution and the Rights to Judicial Protection in the Czech Republic
Peroutka, Jan ; Kubešová, Silvia (advisor) ; Frintová, Dita (referee)
The aim of this master's thesis was to describe alternative dispute resolutions in the overall context of the right to judicial protection guaranteed by the judicial system. In the Czech Republic, there are several alternatives to legal proceedings; these are in particular: (1) arbitration, (2) mediation, and (3) conciliation by the Consumer Protection Act. The thesis then aimed to answer the question whether the existence of these different techniques of settling disputes extends the right to judicial protection of the parties - in a broader sense, whether there is an increase in application of their procedural rights - or vice versa. Arbitration represents an important part of this thesis. I first focus on procedural rights participants in arbitration are guaranteed. I conclude that participants can waive the right to judicial protection guaranteed by Art. 36 of the Charter of Fundamental Rights and Basic Freedoms only under strict conditions, i.e. the expression of will must be unequivocal, informed (conscious) consent, free (voluntary, i.e. without coercion), unconditional; and only to a limited extend. However, this waiver is not absolute and unlimited; certain minimum guarantees of procedural rights defined by practice of the European Court of Human Rights in Strasbourg are applied to ensure a...
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