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The right of the child to know one's origin in the context of assisted reproduction: a comparative analysis
Kohoutová, Marie ; Šustek, Petr (advisor) ; Hendrychová, Michaela (referee)
The right of the child to know one's origin in the context of assisted reproduction: a comparative analysis Abstract This thesis deals with the issue of the right to know one's origin in cases of assisted reproduction, i.e. in the situation of gamete donation. The aim of the thesis is to analyse whether the right of the child to know its origin is sufficiently ensured in the context of assisted reproduction in the legal systems of the Czech Republic, Germany and Denmark and which legal institutes are used to ensure it. The right to know one's origin is analysed with respect to its basic aspects according to the scope of the perception of the right. The health aspect perceives the right to know one's origin in the narrowest way, the identity aspect perceives it more broadly and the relational aspect perceives it the most widely. The first part of the thesis provides a brief introduction to the issues of assisted reproduction and germ cell donation and also contains definitions of the terms that are further elaborated in the text. The second chapter deals with the right to know one's origins in the context of gamete donation, discussing in more detail its various aspects based on the theory of bioethicist V. Ravitsky. Emphasis is also placed on the psychosocial and ethical part of the matter and on the...
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Selected issues of adoption (comparative fragments)
Kubovičová, Tereza ; Hendrychová, Michaela (advisor) ; Šustek, Petr (referee)
Resumé The topic of this master thesis is selected issues of an adoption (comparative fragments). I chose not to deal with the theme as a whole because of its extent, which would have inevitably lead to mere scratch of the surface of such complex issue as an adoption. Picking and choosing some interesting aspects enabled me to go more into detail and elaborate on them in depth. When approaching this thesis I chose to use combination of analytic and comparative method. The thesis itself is composed of the introduction, six chapters and the conclusion. The purpose of the Introduction is to make the reader aware of the structure of the thesis and to outline the complicated legal nature of adoption. The objective of this thesis, which is also announced within this section, is to provide the reader with issues not usually dealt with within theses or academic works. Chapter One is divided into three parts and subsequently shed light into the concept of the adoption, its types and sources of the legislative. Chapter Two is dedicated to historical excursion and is divided into two parts. The First Part deals with global level and the Second Part is focused on the national level with emphasis on most recent historical milestones. Chapter Three is subdivided into three parts. The First Part examines conditions, which...
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Reflection of the right to know one's own origin in the Czech legal order (critical study)
Morongová, Tereza ; Hendrychová, Michaela (advisor) ; Šustek, Petr (referee)
Abstract, Keywords The thesis concerns itself with the analysis of Czech legislation currently in effect with respect to the right to know one's origin. Discussed are the contents of this right, the legislation's addressees, Article 7 of the Convention on the Rights of the Child including the reservations to it made by the Czech Republic. The affected Czech regulations and their reforms are also talked about. Attention is also given to the issue of determining one's parentage. The bulk of the thesis is made up of analyzing the issues of assisted reproduction, surrogacy, adoption, anonymized and confidential childbirths, and baby boxes in regard to protecting the right to know one's origin. The thesis aims to critically evaluate current legislation, point out its shortcomings and suggest possible future development as the right to know one's origin isn't currently being given enough attention. Some of the aforementioned institutes aren't set out in law at all, others give preference to the anonymity of the child's biological parents. Adoption has recently seen some positive development with the recodification of the civil law, however even this is an area that leaves a lot to be desired as there still are certain faults and deficiencies of the legislation. Keywords: Right to know one's origin, assisted...
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Reflection of the right to know one's own origin in the Czech legal order (critical study)
Morongová, Tereza ; Hendrychová, Michaela (advisor) ; Šustek, Petr (referee)
Abstract, Keywords The thesis concerns itself with the analysis of Czech legislation currently in effect with respect to the right to know one's origin. Discussed are the contents of this right, the legislation's addressees, Article 7 of the Convention on the Rights of the Child including the reservations to it made by the Czech Republic. The affected Czech regulations and their reforms are also talked about. Attention is also given to the issue of determining one's parentage. The bulk of the thesis is made up of analyzing the issues of assisted reproduction, surrogacy, adoption, anonymized and confidential childbirths, and baby boxes in regard to protecting the right to know one's origin. The thesis aims to critically evaluate current legislation, point out its shortcomings and suggest possible future development as the right to know one's origin isn't currently being given enough attention. Some of the aforementioned institutes aren't set out in law at all, others give preference to the anonymity of the child's biological parents. Adoption has recently seen some positive development with the recodification of the civil law, however even this is an area that leaves a lot to be desired as there still are certain faults and deficiencies of the legislation. Keywords: Right to know one's origin, assisted...
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Reflection of the right to know one's own origin in the Czech legal order (critical study)
Bednářová, Klára ; Hendrychová, Michaela (advisor) ; Šustek, Petr (referee)
(Abstract) The diploma thesis deals with the reflection of the right to know one's own origin in the Czech legal order. Knowledge of one's own origin and the right to know one's own origin constitute not only a legal but also a moral and ethical question. The right to know one's own origin (i.e. the right to know one's parents, one's biological family and one's ancestors) is one of the subjective human rights, which belongs to every natural person. This right is more or less reflected in majority of institutes of family law. The thesis analyses the most important of them and indicates how the right to know one's own origin is reflected in these institutes or it is not, although it should be. The work seeks to highlight possible shortcomings of the legislation and tries to propose possible solutions de lege ferenda. There are also stated (for the purposes of comparison) some examples of foreign legislation in cases of some legal institutes. The diploma thesis is based on the legislation effective on the 26th March 2016. It is composed of an introduction, five chapters and a conclusion. The first chapter deals with the right to know one's own origin and its legal regulation in the Czech Republic. It mainly discusses the international conventions that are (in compliance with the Art. 10 of the...
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Selected issues of adoption (comparative fragments)
Kubovičová, Tereza ; Hendrychová, Michaela (advisor) ; Šustek, Petr (referee)
Resumé The topic of this master thesis is selected issues of an adoption (comparative fragments). I chose not to deal with the theme as a whole because of its extent, which would have inevitably lead to mere scratch of the surface of such complex issue as an adoption. Picking and choosing some interesting aspects enabled me to go more into detail and elaborate on them in depth. When approaching this thesis I chose to use combination of analytic and comparative method. The thesis itself is composed of the introduction, six chapters and the conclusion. The purpose of the Introduction is to make the reader aware of the structure of the thesis and to outline the complicated legal nature of adoption. The objective of this thesis, which is also announced within this section, is to provide the reader with issues not usually dealt with within theses or academic works. Chapter One is divided into three parts and subsequently shed light into the concept of the adoption, its types and sources of the legislative. Chapter Two is dedicated to historical excursion and is divided into two parts. The First Part deals with global level and the Second Part is focused on the national level with emphasis on most recent historical milestones. Chapter Three is subdivided into three parts. The First Part examines conditions, which...
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Right to respect private and family life in case-law of the European Court of Human Rights
Jandáčková, Tereza ; Honusková, Věra (advisor) ; Scheu, Harald Christian (referee)
R I G H T T O R E S P E C T F O R P R I V A T E A N D F A M I L Y L I F E I N T H E C A S E - L A W O F T H E E U R O P E A N C O U R T O F H U M A N R I G H T S Abstract The aim of the thesis is to explain wording and application of the Article 8 of the European Convention for the Protection of Human Rights and Fundamental Freedoms (the Convention) from the perspective of the European Court of Human Rights (the ECHR). The scope of Article 8, which guarantees the right to respect for private and family life, is very broad. For this reason the thesis especially deals with the issue of the right of the child to know his/her origin and information about his/her early childhood. In particular it attempts to outline the way how the ECHR deals with the conflict of the right to know one's origin with the right of the parent to stay anonymous. The thesis is divided into five chapters which illustrate the particular aspects of the application of Article 8. These chapters are linked through the judgements Gaskin, Mikulić, Odiévre, Jäggi and Phinirikadou which are related to the right of the child to know his/her origin. Chapter 1 provides with the general introduction to the protection of human rights at the European level and also analyses the Convention and the ECHR. The goal of chapter 2 is to outline the inner...
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