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Legal position of a child and registered partners within the framework of foster care
Prchalová, Karolína ; Hendrychová, Michaela (advisor) ; Šustek, Petr (referee)
Legal position of a child and registered partners within the framework of foster care Abstract The aim of this diploma theses is to analyse the legal position of a child and registered partners within the framework of foster care and to reply to the question whether the current legal regulation of foster care ought to be altered in favour of registered partners. The first chapter of the theses provides with the explanation of terms family and parenthood and closely deals with legal duties and rights of parents and children. It defines the constitutionally guaranteed right to family life of a child and registered partners and development of judicature concerning this issue. And this chapter also defines the crucial term of the best interests of the child. The second chapter focuses on the legal institute of registered partnership. It deals with the legal regulation and its development, the development of the legal regulation in the European countries, especially in Germany. This chapter also analyses the issue of discrimination and unequal legal position of registered partners compared to spouses. Subsequently both institutes, registered partnership and matrimony, was compared. The third chapter is fundamental. It focuses on particular forms of foster care with respect to the purpose of the legal regulation....
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Building Legal Awareness Among Children Living in Children's Homes With the Support of a Social Worker
PROCHÁZKOVÁ, Natálie
The bachelor thesis deals with building legal awareness among children living in children's homes with the support of a social worker. The aim of the bachelor thesis is to determine the situation of legal awareness among children living in children's homes and to find out what role the social worker plays in building legal awareness among children in a selected children's home. The practical part is based on a combined type of research, the interviewing technique. First, legal awareness among children living in orphanages was investigated using prof. Gary Melton's international questionnaire. The method used was the guided interview, which was conducted individually with each child. The data collected was analyzed using the statistical program SPSS. The second research tool was a semi-structured interview which was conducted with social workers in children's homes. Coding in the subtext of the interview conducted was chosen to evaluate the data. The evaluation of the collected data was done by pencil-paper method and subsequent clustering. The research population consisted of a total of 63 people. From the research investigation, it was found that age does not affect children's attitudes towards granting rights in model situations. In terms of gender, only one situation showed that girls were more inclined to grant rights than boys. In the case of social workers and legal awareness building among children from children's homes, it was found that children's rights are primarily the concern of educators, but social workers also contribute to legal awareness building, especially before the child leaves the home. The findings of this bachelor thesis can serve all those who encounter children living in children's homes in their practice and the public who are interested in this topic.
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Best interest of the child during the parents' divorce and in the post-divorce care
Benešová, Zdeňka ; Hanušová, Jaroslava (advisor) ; Kučírek, Jiří (referee)
This diploma thesis deals with contemporary family, in particular by ensuring the best interests of the child during the parents' divorce and post-divorce in care. The theoretical part introduces the characteristics of the contemporary family, as a result of socio-cultural development of society, and then attempts to put forward the concept of the current healthy family, as the possibility of a positive direction. It deals with the causes and manifestations of families at risk to stability, the question of divorce of parents in relation to a child after divorce and child care. It introduces the possibility of using supportive and protective services social and legal protection of children under current legislation. The subject of the practical work is still continuing casuistry's growing conflict divorce of parents, which resulted in threatening condition child's healthy development. The research focuses primarily on the way to fulfilling the practice of social and legal protection. Analyzes processes work, looking for the main obstacles to ensure the best interests of the child and trying to find possible solutions support and child protection. KEY WORDS
The best interests of the child, a healthy family, divorce, social and legal protection, system connection
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Legal status of adopter and the best interests of the child
Pilařová, Eva ; Elischer, David (advisor) ; Frinta, Ondřej (referee)
This rigorosum thesis focuses on the analysis of the current legislation of the institute of adoption in Act No. 89/2012 Coll., the Czech Civil Code, focusing on specific requirements for the person of a potential adopter. Criteria related to the legal status of the adoptive parent are critically examined in this work primarily through the prism of the equality principle and the principle of the best interests of the child as a paramount principle of adoption enshrined in international conventions by which the Czech Republic is bound. The main goal of this work is to draw attention to the conservative approach of the national legislator to issues related to the adoption of the child, in which the strong roots of historical views and traditions are still evident. The evaluation of the suitability of the adopter's marriage as a basic condition for the adoption of a child is realized by comparison with foreign legislation, by analysis of relevant provisions of international treaties governing family and child rights and foreign case law and by research in sociology and law. The final part of the thesis is devoted to reasoning about the legal regulation of the requirements for the legal status of the adopter de lege ferenda. The final chapter contains a summary of the reasons why the current approach...
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The forms of custody for underage children in the times after split-up or divorce of their parents
Kudrfalcová, Adriana ; Salač, Josef (advisor) ; Šustek, Petr (referee)
1 Abstract This thesis with the subject "The forms of custody for underage children in the times after split-up or divorce of their parents" is dealing with possible types of arrangements of custody for a child after the break up of his parents. This topic is currently very live in the Czech Republic, as well as in other advanced countries, because the amount of divorces is rising. According to the valid legislation it is possible to entrust the child, after the divorce of his parents, to either the custody of one of the parents, shared custody of both parents, joint custody or, if deemed necessary in regards to the needs of the child, to the custody of another person. The aim of this thesis is to create an overview which will acquaint the readers with all options of arrangements of the custody for children after the divorce of their parents which are established in the section § 907 of Act no. 89/2012 Coll., Civil Code. The increased attention is paid to the shared custody because of several recent breakthrough jurisprudences of the Constitutional Court of the Czech Republic concerning this legal institute. This thesis is split into 5 chapters, excluding introduction and conclusion. In the first chapter I concern with historical development of the legislation of decision making regarding the entrusting of...
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Best interest of the child during the parents' divorce and in the post-divorce care
Benešová, Zdeňka ; Hanušová, Jaroslava (advisor) ; Kučírek, Jiří (referee)
This diploma thesis deals with contemporary family, in particular by ensuring the best interests of the child during the parents' divorce and post-divorce in care. The theoretical part introduces the characteristics of the contemporary family, as a result of socio-cultural development of society, and then attempts to put forward the concept of the current healthy family, as the possibility of a positive direction. It deals with the causes and manifestations of families at risk to stability, the question of divorce of parents in relation to a child after divorce and child care. It introduces the possibility of using supportive and protective services social and legal protection of children under current legislation. The subject of the practical work is still continuing casuistry's growing conflict divorce of parents, which resulted in threatening condition child's healthy development. The research focuses primarily on the way to fulfilling the practice of social and legal protection. Analyzes processes work, looking for the main obstacles to ensure the best interests of the child and trying to find possible solutions support and child protection. KEY WORDS
The best interests of the child, a healthy family, divorce, social and legal protection, system connection
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The legal comparison of alternative care of children in the Czech Republic and the Slovak Republic
Fabianová, Zuzana ; Radvanová, Senta (advisor) ; Plecitý, Vladimír (referee) ; Voňková, Jiřina (referee)
The legal comparison of alternative care of children in the Czech Republic and the Slovak Republic There is always present a group of children who cannot for various reasons grow up in their biological family. Obligation of the state in such cases is to ensure that children alternative care. The purpose of alternative care is to protect and nurture children in a safe healthy environment and provide suitable conditions for their healthy physical, intellectual, emotional and moral development. The objective of the thesis is to analyze and compare alternative care of children institute in the Czech and the Slovak Republic from the substantive and procedural point of view with intention to evaluate effectiveness of legal regulation, identify basic problems in the practical realization, outline the principles significant for the further development of alternative care and make proposals de lege ferenda. Focus is put on the analysis of differences in national regulations and their critical evaluation. The study takes into account relevant judicature with an emphasis on the reflection of the best interest of the child principle, right of the child to be heard and right to respect for private and family life in the decision-making practice of the courts. Legislation of the Czech and the Slovak Republic is...
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Substitute Family Care in the Czech Republic
Vitáková, Veronika ; Spirit, Michal (advisor) ; Neděla, Radek (referee)
The bachelor thesis deals with the issue of substitute family care in the Czech Republic. This thesis is divided into theoretical and practical part. The first chapter of the theoretical part is concerned with a historical overview; it focuses especially on the Roman private law. The second chapter provides a brief explanation of basic terms. Foremost the relationship between parents and children is defined. In the third chapter, substitute family care is mentioned and mainly adoption, which is the most ideal form of substitute family care, is discussed. To make a comparison, I also mention foster care and institutional education. The practical part consists of three topisc. Firstly, an analysis of the survey, secondly an analysis of an interview with a social worker and finally there is a comparison of the two institutions - Klokánek v Janovicích nad Úhlavou and Dětský domov Staňkov.
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Institutional Up-bringing in a Children´s Home - legal aspects
BADÁŇOVÁ, Petra
This bachelor thesis offers a contemporary summary of characteristic features of the institutional care in connection to public criticism and future legislative changes and their possible acceptance in practice. There are six connected chapters in this work that analyze the contemporary system of alternative care, both with the characteristics of its actions and with the effect of its parts. The attention is focused, in connection with above mentioned points, to analyses of critical aspects and possible remedy through the transformation of this system. The present legislative is being transformed. The research part, through a quantitative study, reflects the fact, that children´s homes welcome the acceptance of the proposed amendment to the Act number 109/2002 Sb.. This happens even though the homes are not yet capable of suggested changes in many points, especially those ones asking for cooperation in multidisciplinary actions and material support from the state.
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