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The process of establishing the Institute of Children's Ombudsman in the Czech Republic.
Otrošinová, Dominika ; Angelovská, Olga (advisor) ; Tušková, Eva (referee)
The diploma thesis maps a fifteen-year period of repeated and so far unsuccessful efforts to establish the office of the Ombudsman for Children in the Czech Republic. It divides this period into several stages, and for each of them looks for as many elements as possible that have influenced the given stage. Using the Multiple Streams Approach, it focuses on the phase of agenda-setting, finds the main actors of each period, and describes their approaches to setting the topic. It compares the individual stages with each other on the basis of the criteria with which the MSA works. It points, for example, to differences in the position of individual promoters or, conversely, to similar influences of individual streams. In conclusion, it proposes a set of recommendations for the future process, which are based on the analysis.
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Legal Analysis of the Process of Children's Nursery School Enrolment
Oplová, Jaroslava ; Kitzberger, Jindřich (advisor) ; Svoboda, Petr (referee)
TITLE: Legal Analysis of the Process of Children's Nursery School Enrolment AUTHOR: Jaroslava Oplová DEPARTMENT: The Centre of School Management SUPERVISOR: RNDr. Jindřich Kitzberger ABSTRACT: The paper work deals with individual operations in the process of admitting children to the nursery schools, following primarily the Education Law and Civil Service Rules. The legal frame of administration authority actions such as contained in the Civil Service Rules is rational, however very extensive. A thorough knowledge of additional related legal regulations is necessary to observe legitimacy in the course of entire administrative procedure. The admission standards become significantly involved, according to which the ranking of applicants is determined. After passing the Law No.49/2009, which altered the Law No. 561/2004 of Statute Book on preschool, elementary, secondary, college and other education (Education Law), in reading of later regulations, discrepancies in legal provisions of Education Law in the decision-making field concerning also preschool education have happened, as the decision-making in admission to nursery schools was removed from the scope of the Civil Service Rules. Even the expectations concerning implementation of the principles for admission process to preschool education into the...
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The office of Ombudsman in the Czech Republic
Kuchariková, Alena ; Hofmannová, Helena (advisor) ; Kudrna, Jan (referee)
6 Abstract and key-word list The office of Ombudsman in the Czech Republic This thesis addresses the subject of a public defender of rights (PDR) in Czech Republic. Although it has proven itself to be an indispensable institution that contributes to a rightful administration of public affairs, public's awareness about this organization and its activities is relatively inadequate which leaves many aspects of the institution's responsibilities open to misinterpretation. The aim of this thesis is twofold first to provide an overview of the organization's activities and responsibilities to the public, further to propose the necessary alteration to the current law in order to enhance the efficacy and productivity of the abovementioned institute. Moreover to gain a comprehensive view of the public defender of rights, it is vital to specify its position among our legislature and to address its eventual embodiment in the constitution. This thesis comprises of 8 chapters, each of which deal with different aspects of the public's defender of rights position and work. The first chapter deals with the institution's founding, development and general definition of the public defender of rights institution. It is divided into three parts, the first of which contains a brief outline of the institution's establishment and...
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Hodnocení efektivnosti činností Veřejného ochránce práv
Janíčková, Michaela
The bachelor thesis is focused on the Public Defender of Rights and its aim is to evaluate the effectiveness of the activities of this institution. The evaluation will be carried out on the basis of a comparison of the results of the activities in the Slovak Republic for the year 2015. The thesis also presents proposals and recommendations for improving the functioning of the Public Defender of Rights. These recommendations will be based on the SWOT analysis.
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Model institutu dětského ombudsmana v ČR
Nováková, Michaela
Nováková, M. Model of the children’s ombudsman institute in the Czech Republic. Bachelor thesis. Brno: Mendel University, 2018. This bachelor thesis deals with the functioning of the ombudsman for children institution (the thesis focuses mainly on member states of European Union). Beginning of the thesis presents the system of external control and the activities of the authorities that administer it. More space is devoted to the issue of the ombudsman and his activities. Part of the thesis deals with the analysis of the legal regulation and activities of the children’s ombudsman institute in several countries. To find out if the children’s ombudsman is required in Czech Republic, another part of the thesis introduces a whole system of protection of children's rights in the Czech Republic. Afterwards, the thesis focuses in detail on the Slovak equivalent of the institution - the Children’s commissioner. The focus is on the legal regulation of the institution and the specific cases, that commissioner solved. Based on the previous analysis, the main part of the thesis is devoted to stated goal of the thesis, namely creating a legal frame recommendation for the functioning of the children’s ombudsman institute in the Czech Republic.
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The legal status of ombudsman in the Czech Republic, the Slovak Repubic and the Sweden
Krajčinovská, Tereza ; Chvátalová, Iva (advisor) ; Spirit, Michal (referee)
The bachelor thesis titled The legal status of ombudsman in the Czech Republic, the Slovak Repubic and the Sweden analyzes the ombudsman institution in selcted countries and compares them afterwards. The work is divided into 5 chapters. The first chapter deals with the institution of ombudsman in general. The definitions, characteristics and important characteristics of ombudsman institutions in the world. The second, third and fourth chapter focuses on the institution of ombudsman in specific countries, in each country, this institution called otherwise. The fifth chapter compares the institutions in each country based on pre-selected criteria. The aim is to highlight the differences and compliance legislation in selected countries (Czech Republic, Slovak Republic, the Kingdom of Sweden), depending on the political, social-economic, cultural and other conditions and perform their evaluation.
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Protection of Rights in Public Administration
Plisková, Hana ; Sládeček, Vladimír (advisor) ; Průcha, Petr (referee) ; Kopecký, Martin (referee)
1 Abstract The public administration itself is bound by applicable legal provisions. Therefore, in case of breach of individual rights stemming from the legal system of the Czech Republic, every person is guaranteed a strict legal procedure with corresponding legal mechanisms, which aim to remedy the status caused by unlawful action or inaction of the public administration. The object of this dissertation focuses, in particular, on analysis of individual means of protection of rights in public administration (i.e. the issue of the protection of public subjective rights) and their mutual relationships between them at level of legal regulation de lege lata. However, certain space had to be dedicated also to the procedures of public administration in matters related to private subjective rights as even the public administration decides on certain matters of private law. As regards the protection of private rights by public administration I mentioned the dualism of the review of decisions of public bodies and certain examples of public administration deciding on matters of private subjective rights. Further I stressed the issue of civil liability related to the conduct of public administration, i.e. liability for damages caused by unlawful decision and unlawful procedure. Pursuant to the act on liability for...
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The Public Defender of Rights as a Gender Equality Body
Diepoldová, Denisa ; Havelková, Hana (advisor) ; Havelková, Barbara (referee)
Diploma thesis "The Public Defender of Rights as a Gender Equality Body" explores the jurisdiction of the ombudsman in the area of equal treatment and prohibition of discrimination (so-called Equality Body). The main focus of the work is the equality of men and women. The methodology used is theoretical-analytical legal analysis. The work starts with a theoretical analysis of basic terms and concepts relating to equal treatment and prohibition of discrimination. The institution and activities of the ombudsman are also defined in theory. This is followed by a legal analysis of three types. The first one is a procedural analysis of anti-discrimination laws (method of their enactment, past, present and proposed laws). This is followed by an institutional analysis of the Czech Equality Body and the impact of the ombudsman in the area of equal rights. The analytical research is concluded with a substantive legal analysis of selected cases decided by the ombudsman. Methods of feminist legal analysis have been predominantly used for the purposes of the analytical research. A wide area of the subject matter has been explored by use of this examination, which has produced a number of conclusions as well as a complete overview of the activities of the Equality Body in the Czech Republic. Possible changes,...
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The role of ombudsman in environmental protection
Pecháčková, Ivana ; Damohorský, Milan (advisor) ; Snopková, Tereza (referee)
The thesis deals with the possible role of ombudsmen in environmental protection. The work starts by the description of the establishment of this institution in the world and subsequently in the Czech Republic. A crucial role played the Act No. 349/1999 Coll., the Ombudsman Act, which has been implemented into national law of the Czech Republic after many discussions on December 30, 1999. This act provides for activities of the ombudsman and the way how to lodge a complaint with the ombudsman. This treatise on the ombudsman activities in general creates also the basis for his/her procedure in specific cases concerning the environment. The part of this thesis forms case studies serving as the example how the ombudsman can participate in the environmental protection in practise.
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The legal status of sentenced to a term of imprisonment
Tučková, Miroslava ; Tlapák Navrátilová, Jana (advisor) ; Herczeg, Jiří (referee)
This thesis deals with the legal status of persons serving prison from the perspective of selected areas of their fundamental rights. Analyzed areas include the right to protection from torture, cruel, inhuman or degrading treatment, the right to protection of health and to free medical care, the right to be protected from any unauthorized intrusion into one's private and family life and the right to participate in the administration of public affairs through active and passive voting rights. The theory includes institutional guarantees ensuring compliance with these rights and the relevant recommendations of international organizations. Practically oriented casuistic section of the thesis is based on the direct experience gained during authoress' internship at the Czech Helsinki Committee, non- governmental human rights organization based in Prague since 1988.
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