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Determination of parenthood
Hrušáková, Alexandra ; Salač, Josef (advisor) ; Švestka, Jiří (referee)
Determination of Parenthood - Alexandra Hrušáková Abstract In my thesis "Determination of Parenthood", I focused on the largest area of family law. Everyone's life is influenced by his family the whole life. And there are many consequences connected to the relation between a child and his parents. My topic responds lively to the changes brought by current scientific and technical progress and dynamic development and metamorphoses in our society. I tried to describe it in a complex way, but in order to put accent on the most important segments of this problem. From the times of ancient Rome there exists the principle "mater semper certa est, pater incertus", which means that the identity of the mother is always certain, but the father isn't. However there exist some situations in which the principle could not be so clear. These situations created objective of this thesis. This thesis is divided into ten chapters. In every single chapter I wasn't only working with Czech law, but I also attempted to compare it to legislation of another countries The first chapter called Parenthood and Child is dealing with the theoretical definition of the components of a relation among parents and children and the rights and obligations rising from this relation. The next chapter presents The Right of the child to know his or...
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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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Determination of parenthood
Hrušáková, Alexandra ; Salač, Josef (advisor) ; Švestka, Jiří (referee)
Determination of Parenthood - Alexandra Hrušáková Abstract In my thesis "Determination of Parenthood", I focused on the largest area of family law. Everyone's life is influenced by his family the whole life. And there are many consequences connected to the relation between a child and his parents. My topic responds lively to the changes brought by current scientific and technical progress and dynamic development and metamorphoses in our society. I tried to describe it in a complex way, but in order to put accent on the most important segments of this problem. From the times of ancient Rome there exists the principle "mater semper certa est, pater incertus", which means that the identity of the mother is always certain, but the father isn't. However there exist some situations in which the principle could not be so clear. These situations created objective of this thesis. This thesis is divided into ten chapters. In every single chapter I wasn't only working with Czech law, but I also attempted to compare it to legislation of another countries The first chapter called Parenthood and Child is dealing with the theoretical definition of the components of a relation among parents and children and the rights and obligations rising from this relation. The next chapter presents The Right of the child to know his or...
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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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