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Social Ethical Aspects of Welfare State
GALÍKOVÁ, Alice
Diploma paper is considering social ethical aspects of Welfare State. In the introduction is characterized Welfare State, it´s history, attitudes to it and the elementary typology of social state. The main part of the paper is divided into three parts - human being, family and state in relation to social state. Each chapter consists of describing part and social ethical critic of Welfare State effect, which was the aim of paper. From all three angles on that issue it appears that negative influence of contemporary (that means overinflated) is dominant. First of all it´s loss of responsibility for persnons own life, loss of motivation to work, own initiative and creativity and creating dependence on social benefits. There is obvious fundamental negative effect on family functionality, which social roles was mostly taken by state. Constant increasing of social benefits outgoings in exchange for political support of left-wing parties appears as destructive. This fact could eventually endanger democratic growth of state.
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The principle of social state in political theory and the case-law of the Constitutional Court
Kaloč, Otakar ; Wintr, Jan (advisor) ; Maršálek, Pavel (referee)
1 Abstract The principle of the social state in political theory and the case-law of the Constitutional Court The topic of this work is the phenomenon of the welfare state, social rights and their judicial review performed by the Constitutional Court of the Czech Republic. The aim of this paper is to introduce the welfare state in terms of the theoretical, historical and practical implementation of its goals, whether it is a political reality or the decision making practice of the Constitutional Court, which in turn influences political environment. This work is based on theoretical works of political philosophy, findings of constitutional law and the jurisprudence of the Constitutional Court. The thesis points out the different understanding of the social question in basic political theories such as liberalism, socialism or feminism. The historical part of this work comprises of the description of the development of social issues in countries such as the United Kingdom and the USA. It is evident that this was a long-term process beginning in the early seventeenth century and continuing to the period of its greatest expansion after World War II. This work also mentions some aspects of poverty. Another important part is the introduction to the theory of typologies of different "regimes" and types of welfare...
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Tackling irregular forms of migration: irregular migrants in the European Union - do they enjoy the rights contained in the UN Migrant Workers Convention?
Babická, Karolína ; Hýbnerová, Stanislava (advisor) ; Scheu, Harald Christian (referee) ; Jeřábková, Věra (referee)
The UN Migrant Workers Convention (CMW) that provides for fundamental human rights for migrant workers and members of their families has been adopted in 1990. Until today, none of the EU Member States has signed or ratified it. The EU Member States argue that there is no need for them to accede to the CMW, as, inter alia, the rights contained in it are already secured by other international human rights instruments and in the EU legal instruments. Additionally to the claim of the CMW redundancy for the current EU legal framework, the Member States have several times repeated the fear that the ratification of the CMW could give irregular migrants more rights and increase irregular migration to the EU. Inspired by these two in fact contradictory arguments, this research aims to explore the scope of irregular migrants related human rights protection under international and European law and verify the basis of the EU Member states claims by comparing the scope of rights of irregular migrant workers in the EU with the standards embedded in the CMW. The main research questions posed are What human rights are the irregular migrants entitled to in the EU, based on international and European legal instruments? Is the CMW indeed redundant and unnecessary in the legislative framework of the European Union or is it...
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The analysis of financial resources of preventive social services providers in Liberec region
Hejralová, Lucie ; Kodymová, Pavla (advisor) ; Vojtíšek, Petr (referee)
This thesis aims to answer the question how preventive social service providers, operating in the Liberec region, use the potential of financial resources from private budgets. The reason for this is the non-conceptual system of multi-source financing of social services in the Czech republic and lack of financial resources for social services funding from public budgets. The work is divided into four main chapters. The first chapter is a purely theoretical platform for the whole work. It defines the origin and role of social rights, the welfare state and the European Union in the social policy system of the Czech republic. It deals also with the social services system in the Czech Republic and their planning. The second chapter is devoted to analysis of possible funding sources for financing of social services.The third chapter focuses on stability of social service providers. The last chapter forms the practical part of the work and processes the research survey in given area.
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Case-law of the European Court of Human Rights in Relation to Social Rights.
Rudolfová, Iveta ; Koldinská, Kristina (advisor) ; Tomšej, Jakub (referee)
This diploma thesis analyses the status of social rights in the case-law of the European Court of Human Rights. It aims to show, particularly through the analysis of selected court decisions, how the European Court of Human Rights, as a control mechanism established by the Convention for the Protection of Human Rights and Fundamental Freedoms seeking to provide recognised rights and freedoms with practical and effective protection, deals with the absence of social rights in the Convention's catalogue. The thesis is divided into four chapters. The first chapter is dedicated to the brief description of the Convention, its control mechanism and the catalogue of declared fundamental rights and freedoms. In this section the thesis also deals with the question, what were the reasons that lead to the absence of social rights in the Convention's catalogue and what consequences can be draw from this fact for the status of social rights. In this context the thesis discusses the principle of indivisibility of human rights, according to which all human rights hold an equal status and which requires that human rights of all categories are protected and promoted with the same emphasis. The second chapter deals with the way the Court includes social aspects of guaranteed civil and political rights in its...
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Right to health and legitimate expectations in perspective of the standards and above-standards in Czech health care system
Mezeiová, Vendula ; Štangová, Věra (referee)
Thesis title: Right to health and legitimate expectations in perspective of the standards and above-standards in Czech health care system This diploma thesis deals with the legal regulation of the right to health as a social right. In the first chapter, the genesis of the social rights, their specific characteristics and the social rights' role in relation to civil and political rights are analysed for the purpose of interpretation of the right to health. The actual problematics of legitimation crisis based on the states' inability to fulfil the obligations and expectations rising from social rights are later discussed. In relation to the socio-legal context, the international legislation as well as some specific national legislation of the right to health are analysed in detail within subsequent chapter. With this regard, the practice of the courts as well as the practice of the quasi-judicial bodies is considered in the following chapter, especially with respect to the right to health and its relation to some civil and political rights. The standardization process of right to health within this decision-making practice is also examined. Moreover, the right to health is explored in perspective of the Czech legislation. The diploma thesis deals with the content and the protection of the...
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Social rights of migrating citizens of the European union
Muschaliková, Dominika ; Druláková, Radka (advisor) ; Zemanová, Štěpánka (referee)
The topic of this bachelor thesis are the social rights of migrating habitants of the European union. Sufficient social security is considered a vital part of European politics and has a high priority among the overall goals of European Union. This thesis tries to find the value of the social security policy, it contains the elementary overview of social legislature regulation (mainly the EU regulation 883/2014). It also identifies the most important changes and tendencies in the area of social law. Furthermore, it researches the positive and negative effects of the current policy on migrating citizens, with special attention to the challenges that this policy has to face. This thesis includes schemes that try to depict this problematic in a more comprehensible manner.
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Right to health and legitimate expectations in perspective of the standards and above-standards in Czech health care system
Mezeiová, Vendula ; Morávek, Jakub (advisor) ; Lang, Roman (referee)
Thesis title: Right to health and legitimate expectations in perspective of the standards and above-standards in Czech health care system This diploma thesis deals with the legal regulation of the right to health as a social right. In the first chapter, the genesis of the social rights, their specific characteristics and the social rights' role in relation to civil and political rights are analysed for the purpose of interpretation of the right to health. The actual problematics of legitimation crisis based on the states' inability to fulfil the obligations and expectations rising from social rights are later discussed. In relation to the socio-legal context, the international legislation as well as some specific national legislation of the right to health are analysed in detail within subsequent chapter. With this regard, the practice of the courts as well as the practice of the quasi-judicial bodies is considered in the following chapter, especially with respect to the right to health and its relation to some civil and political rights. The standardization process of right to health within this decision-making practice is also examined. Moreover, the right to health is explored in perspective of the Czech legislation. The diploma thesis deals with the content and the protection of the...
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The right to strike and lock-out
Zelená, Taťána ; Pichrt, Jan (advisor) ; Hůrka, Petr (referee)
The aim of this thesis called "The right to strike and lock-out" is to provide a comprehensive overview of the theory and practice of the right to strike. The thesis is divided into four separate chapters. The first one focuses on the theoretical aspects of the right to strike, a large space is devoted to the species and forms of strikes. The second chapter deals with the strike in the field of international law, in addition to describing the current law seeks to analyze the opinions of the relevant committees of the International Labour Organisation and the Council of Europe. The third chapter focuses on the right to strike in the legislation of the Czech Republic. Attention is paid to the right to strike under the Collective Bargaining Act. The last chapter deals with the right to lockout. The intention is a brief characteristics of this right of employers, as the counterpart of the strike.
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The right to strike and lock-out
Šebesta, Vojtěch ; Štefko, Martin (advisor) ; Hůrka, Petr (referee)
The right to strike and lock-out This master's thesis deals with the topic of the right to strike and right lock-out, which has proven to be a rather controversial theme in the Czech Republic and Czech law discourse. The thesis ponders the subject in its broad context in the Czech law environment as well as examines its relations towards International and European law context. The main aim is to provide a complex and through insight on the matter, define it and state its main challenges and pitfalls, and valorise Czech law environment around the strike. The structure of the thesis consists of two main parts. The first part focuses on the right to strike in detail and is divided into eight chapters, whereas the second part deals with the right to lock-out. The first chapter serves as an introductory to the examined matter and defines the basic terms such as "strike" or "walkout" and puts their meaning into the law context. Furthermore it describes various methods and kinds of strikes, actors and participants and scale of strikes. The second chapter examines the historical developments and ramifications. From medieval times to the state-capitalist dictatorships before the year 1989, it seeks to draw the main lines of development and the driving force behind it. The third chapter focuses on the related rules...
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