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Prohibition of Torture in the International Law and the Czech Republic
Hrstková, Simona ; Bílková, Veronika (advisor) ; Ondřej, Jan (referee)
This thesis examines the prohibition of torture and other forms of inhuman or degrading treatment or punishment which is one of the fundamental human rights. The basic goal of this work is to determine how is the prohibition of torture and other forms of ill-treatment enshrined and guaranteed at the international and national level. For this purpose, systems of human rights instruments and mechanisms created at the universal level by the United Nations and at the regional level by the Council of Europe are examined and compared with the national legislation of the Czech Republic. The thesis provides definitions of terms of torture, inhuman and degrading treatment or punishment and focuses on the international instruments and mechanisms of protection. It explains their scope, work, and competences and compares them with each other. As an outcome of this evaluation the work detects several areas in which the national legislation of the Czech Republic is not fully satisfactory and which should be therefore amended. Further, the thesis determines obligations of the Czech Republic which arise out of the right not to be tortured or subjected to other forms of ill-treatment and investigates how these obligations are implemented at the national level and how are enshrined in the national law. The most...
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Ban on torturing in international law
Hrstková, Simona ; Bílková, Veronika (advisor) ; Šturma, Pavel (referee)
93 Název práce a její resumé v anglickém jazyce Prohibition of torture in the international law The prohibition of torture and other forms of ill-treatment is universally recognized and is enshrined in all of the major international and regional human rights instruments. It is also a firmly rooted principle of customary international law, and as such, it is binding on all states at all times, irrespective of whether states have assumed additional treaty obligations in respect of the prohibition. All international instruments that contain the prohibition of torture and ill- treatment recognize its absolute, non-derogable character. This is reinforced by its higher jus cogens status under customary international law which connotes the fundamental, peremptory character of the obligation. The prohibition of torture also imposes obligations erga omnes, and every state has a legal interest in the performance of such obligations which are owed to the international community as a whole. This obligation has important consequences under basic principles of state responsibility, which provide e.g. the obligation of all states to prevent torture and other forms of ill- treatment, to bring it to an end, not to endorse, adopt or recognize acts that breach the prohibition. We speak about negative and positive obligations...
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Prohibition of Torture in the International Law and the Czech Republic
Hrstková, Simona ; Bílková, Veronika (advisor) ; Ondřej, Jan (referee)
This thesis examines the prohibition of torture and other forms of inhuman or degrading treatment or punishment which is one of the fundamental human rights. The basic goal of this work is to determine how is the prohibition of torture and other forms of ill-treatment enshrined and guaranteed at the international and national level. For this purpose, systems of human rights instruments and mechanisms created at the universal level by the United Nations and at the regional level by the Council of Europe are examined and compared with the national legislation of the Czech Republic. The thesis provides definitions of terms of torture, inhuman and degrading treatment or punishment and focuses on the international instruments and mechanisms of protection. It explains their scope, work, and competences and compares them with each other. As an outcome of this evaluation the work detects several areas in which the national legislation of the Czech Republic is not fully satisfactory and which should be therefore amended. Further, the thesis determines obligations of the Czech Republic which arise out of the right not to be tortured or subjected to other forms of ill-treatment and investigates how these obligations are implemented at the national level and how are enshrined in the national law. The most...
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Ban on torturing in international law
Hrstková, Simona ; Šturma, Pavel (referee) ; Bílková, Veronika (advisor)
93 Název práce a její resumé v anglickém jazyce Prohibition of torture in the international law The prohibition of torture and other forms of ill-treatment is universally recognized and is enshrined in all of the major international and regional human rights instruments. It is also a firmly rooted principle of customary international law, and as such, it is binding on all states at all times, irrespective of whether states have assumed additional treaty obligations in respect of the prohibition. All international instruments that contain the prohibition of torture and ill- treatment recognize its absolute, non-derogable character. This is reinforced by its higher jus cogens status under customary international law which connotes the fundamental, peremptory character of the obligation. The prohibition of torture also imposes obligations erga omnes, and every state has a legal interest in the performance of such obligations which are owed to the international community as a whole. This obligation has important consequences under basic principles of state responsibility, which provide e.g. the obligation of all states to prevent torture and other forms of ill- treatment, to bring it to an end, not to endorse, adopt or recognize acts that breach the prohibition. We speak about negative and positive obligations...
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