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The approach of the Spanish left and right to dealing with dictatorship through memory laws, using the example of the Law on Stolen Children
Goluchová, Kristýna ; Tomalová, Eliška (advisor) ; Menclová, Barbora (referee)
The thesis falls within the scientific field of collective memory and memory laws. It examines the way in which collective memory is used by Spanish political parties during the process of coming to terms with the legacy of dictatorship and the transition to democracy, and in particular how this differs between right-wing and left-wing parties. These approaches are demonstrated through the main memory laws that have been adopted in the Kingdom of Spain, namely the Amnesty Law of 1977, the Historical Memory Law of 2007 and the Democratic Memory Law of 2022. The thesis also includes a case study in which the parliamentary debate on the proposal to adopt a memory law on stolen children is analysed, in which representatives of the right-wing and left-wing Spanish parties expressed their views on the proposal.
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The position of guarantees of non-repetition within transitional justice
Hůlová, Eliška ; Bílková, Veronika (advisor) ; Balaš, Vladimír (referee)
The Position of Guarantees of Non-repetition within Transitional Justice Abstract Within transitional justice (TJ), guarantees of non-repetition (GNRs) refer to measures aiming to prevent the recurrence of mass human rights violations. They form one of the four pillars of TJ (next to justice, truth and reparation). In contrast with the other three pillars, GNRs are concerned primarily with the future and present a function that may be fulfilled by an open- ended variety of measures. Thus, GNRs aim to fulfil the preventive function of TJ. However, although non-repetition is understood as one of the core objectives of TJ, GNRs remain underexplored and there is much ambiguity surrounding the topic. This thesis thus aims to contribute to the conceptualization of GNRs within TJ. To this end, this thesis explores the origins and normative foundations of GNRs as a State obligation arising from mass and systematic human rights violations. This analysis starts with a review of GNRs within the law of state responsibility, followed by an exploration of the concept's development in international human rights law and TJ. Since GNRs can be conceived either as a part of reparations or as a separate pillar of TJ, this section also explores the foundations for both of these understandings. Subsequently, this thesis turns to...
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Comparison of lustration laws in Central European states: Czechoslovakia, Poland and Baltic states
Srb, Jáchym ; Šlosarčík, Ivo (advisor) ; Mlsna, Petr (referee)
The paper: "Comparison of lustration laws in Central European states: Czechoslovakia, Poland and Baltic states" describes the emergence and application of the lustration laws in context of the political transformation of these states from the begining of the 90s. The main objective of this paper is to answer the question, what are the differences and similarities in the functioning of the lustration laws in these states and whether there is a single explanation for their divergence. For this purpose the paper describes the political and historical background from which these laws emerged in each state separately. This part, among other things, outlines the concept of the "double-tracked" lustrations in Latvia and Estonia, where the laws followed both the collaboration rationale and the ethnical divide. The paper also aims to critically outline the most prominent theoretical approaches to the aforementioned question of the disparities between lustrations in different states. The second aspect of lustrations, which this paper examines, is their conformity with the standards of the European Convention on Human Rights. From analysing the judicature of the ECHR, the paper concludes that the court was very self-restrained in examining these laws and only intervened in the cases of clearly excesive scope of the...
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Storytelling and Reconciliation: Shifts in Frames and Discursive Narratives in Listeners of the Initiative "My Story" in Bosnia and Herzegovina
Oberpfalzerová, Hana ; Aslan, Emil (advisor) ; Stojarová, Věra (referee) ; Kubátová, Hana (referee)
Storytelling and Reconciliation: Shifts in Frames and Discursive Narratives in Listeners of the Initiative "My Story" in Bosnia and Herzegovina Hana Oberpfalzerová Abstract In Bosnia and Herzegovina, two non-governmental organizations have been running the initiative "My Story" within which three war victims, one Bosniak, one Serb and one Croat, tell their wartime stories and their way to reconciliation in public testimonies in a side-by-side, live setting to an audience of young people or ordinary citizens. The aim of the initiative is to promote reconciliation in the listeners. This doctoral dissertation integrates several disparate fields in order to create an analytical framework for inferring attitude shifts from the discursive narratives recalled by the listeners, and from the frames that connect the single narratives to broader societal discourses within these discursive narratives. Three public testimonies were analyzed and interviews with eighteen listeners from the three Bosnian nations were conducted, some of which were interviewed by phone about four months later to check for further attitude changes. The interview material was analyzed inductively by the means of thematic discourse analysis in order to identify the underlying discursive narratives that were then regrouped into dimensions or...
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Storytelling and Reconciliation: Shifts in Frames and Discursive Narratives in Listeners of the Initiative "My Story" in Bosnia and Herzegovina
Oberpfalzerová, Hana ; Aslan, Emil (advisor) ; Stojarová, Věra (referee) ; Kubátová, Hana (referee)
Storytelling and Reconciliation: Shifts in Frames and Discursive Narratives in Listeners of the Initiative "My Story" in Bosnia and Herzegovina Hana Oberpfalzerová Abstract In Bosnia and Herzegovina, two non-governmental organizations have been running the initiative "My Story" within which three war victims, one Bosniak, one Serb and one Croat, tell their wartime stories and their way to reconciliation in public testimonies in a side-by-side, live setting to an audience of young people or ordinary citizens. The aim of the initiative is to promote reconciliation in the listeners. This doctoral dissertation integrates several disparate fields in order to create an analytical framework for inferring attitude shifts from the discursive narratives recalled by the listeners, and from the frames that connect the single narratives to broader societal discourses within these discursive narratives. Three public testimonies were analyzed and interviews with eighteen listeners from the three Bosnian nations were conducted, some of which were interviewed by phone about four months later to check for further attitude changes. The interview material was analyzed inductively by the means of thematic discourse analysis in order to identify the underlying discursive narratives that were then regrouped into dimensions or...
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Lustration laws in Ukraine: Between post-communism and post-authoritarianism
Srb, Jáchym ; Šír, Jan (advisor) ; Svoboda, Karel (referee)
The master thesis examines the phenomenon of lustration laws in Ukraine as a legal measure of transitional justice. It maps the history of unsuccessful attempts to adopt lustration laws from the independence in 1991 until the Euromaidan revolution in winter 2014. It then analyses the two lustration laws adopted in 2014 and their implementation between years 2014 and 2017. Finally it analyses the legal review that the laws have faced or are likely to face in the future. It comes to a conclusion that Ukrainian laws were not adopted after the independence in 1991 because of structural reasons and after the Orange Revolution in 2004 due to a lack of political will. In the second part, the thesis concludes that Ukrainian lustration laws adopted after Euromaidan were some of the most extensive ones in the region of post-communist Europe. Nevertheless, their implementation fell short of meeting most of their goals. In the third part, the thesis concludes that the laws might be spared constitutional review, but they are likely to face a negative scrutiny before the European Court of Human Rights.
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Truth commissions: Truth commissions' mandates and its significance in the truth seeking process
Trojanová, Jana ; Trávníčková, Zuzana (advisor) ; Žáková, Gabriela (referee)
Truth commissions are official nonjudicial bodies of investigation created to address grave violations of human rights committed under the previous repressive regime or during the past armed conflict. Commissions are created to establish an authoritative record of past violations, to discover its causes and to make reccommendations in order to prevent its reccurence in the future. The thesis focuses on commission's mandates,legal documents that determine its goals, functions, powers and scope of inquiry. The aim of the thesis is to assess the significance of the mandate in the truth-seeking process and to determine if a broad mandate is well suited to achieve goals of the commission or if a narrow mandate is more expedient. The thesis assesses and compares mandates of truth commissions established in Argentina (1983), South Africa (1995), Guatemala (1997) and Kenya (2009).
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Methods of reconciling internal and international conflicts and the concept of "transitional justice"
Vít, Jindřich ; Šturma, Pavel (advisor) ; Bílková, Veronika (referee)
The concept transitional justice refers to a wide range of measures which are applied in times of political and societal transformation. Its starting point is a state of widespread and grave violations of human rights which is typical for undemocratic rules, for times of conflicts including both national and international, but it also existed within some of traditionally democratic countries such as Canada or New Zealand in a form of systematic discrimination against the indigenous population. The target of transitional justice measures is to establish democratic system which protects human rights and fundamental freedoms as a reliable guarantee of sustainable peace. Transitional justice is sometimes considered to fall within measures strengthening the rule of law however some steps such as vetting may temporarily deform the rule of law and equality of citizens before the law which is its integral part. International law regulates transitional justice measures by means of international humanitarian law, international human rights law and international criminal law. International criminal law, or more generally measures of criminal law nature, has been in modern history the primary response to breaches of human rights. Later, other measures were added including those of judicial and non - judicial...
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Comparison of lustration laws in Central European states: Czechoslovakia, Poland and Baltic states
Srb, Jáchym ; Šlosarčík, Ivo (advisor) ; Mlsna, Petr (referee)
The paper: "Comparison of lustration laws in Central European states: Czechoslovakia, Poland and Baltic states" describes the emergence and application of the lustration laws in context of the political transformation of these states from the begining of the 90s. The main objective of this paper is to answer the question, what are the differences and similarities in the functioning of the lustration laws in these states and whether there is a single explanation for their divergence. For this purpose the paper describes the political and historical background from which these laws emerged in each state separately. This part, among other things, outlines the concept of the "double-tracked" lustrations in Latvia and Estonia, where the laws followed both the collaboration rationale and the ethnical divide. The paper also aims to critically outline the most prominent theoretical approaches to the aforementioned question of the disparities between lustrations in different states. The second aspect of lustrations, which this paper examines, is their conformity with the standards of the European Convention on Human Rights. From analysing the judicature of the ECHR, the paper concludes that the court was very self-restrained in examining these laws and only intervened in the cases of clearly excesive scope of the...
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The prosecution of crimes committed during the Rwanda genocide
Frantesová, Ivana ; Kochan, Jan (advisor) ; Trávníčková, Zuzana (referee)
This bachelor thesis deals with the prosecution of crimes committed during the Rwanda genocide at both international and national level. The thesis focuses mainly on the activity of the International Criminal Tribunal for Rwanda (ICTR), national courts and the activities of the Gacaca courts. The aim of the thesis is to evaluate the impact of the respective institutions on restoration of justice and achieving peace and national reconciliation in Rwanda based on their in-depth analysis.
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