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Legal status of a minor and the Children's Ombudsman in civil proceedings
Cahová, Petra ; Frintová, Dita (advisor) ; Vyskočilová, Silvia (referee)
Legal status of a minor and the Children's Ombudsman in civil proceedings Abstract As the title may indicate, the main author's purpose is to address specific aspects of participation of a minor in civil proceedings, to highlight complications related to procedural (in)capacity of minors and to suggest solutions for the major issues, which the author sees especially in unsatisfactory representation of a minor and in disregard for the child's right to participation. Using concrete examples, it is demonstrated that current law does not need to be modified fundamentally in order to significantly improve position of minors as parties to civil proceedings. On top of that, in pursuit of livening up this frequent topic, the thesis provides a critical analysis of the Children's Ombudsman bill that may give rise to an entirely new office of the Children's Ombudsman, which already exists in almost all EU member states, however, Czech Republic is not one of them. Therefore, a brief comparative study of several European legislations on Children's Ombudsman will be conducted. According to the bill, the potential Children's Ombudsman's authority should apply, inter alia, to some civil proceedings. Namely, the Children's Ombudsman would be entitled to initiate or participate in vast majority of special court proceedings...
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The value of the Child's Wish in the Contemporary Pracities of the Proceedings Regardiny the Adjustment of Legal Relations towards Minor Children
Böhmová, Tereza ; Žáčková, Hana (advisor) ; Mlejnková, Kristýna (referee)
This Diploma Thesis is focused on the issue of the value of a child's wish in the framework of the divorce/break-up settlement. In the theoretical part of this thesis, the child's status, its right to participate and the means of ensuring that in the mentioned framework are presented. In this thesis, the term child's wish is also discussed in the context of defending child's own interest. In the last chapter of the theoretical part, there is illustrated the suitable way how to interview a child. The aim of the practical part is to, through half-structured interviews with the professionals taking part in this process and an analysis of those interviews, answer the main research question: How do the professionals taking part in the divorce/break-up settlement perceive and deal with the child's wish in this process? The research part of this thesis is also focused on the possible space for change in the contemporary attitude towards children as participants of trials.
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The rights of a child and duties of a parent
Carbolová, Zuzana ; Hendrychová, Michaela (advisor) ; Šustek, Petr (referee)
Resumé This thesis, dealing with rights of a child and duties of a parent, is based on the fact that it is primarily the parents who have to fulfill their duties towards children while a child has primarily the right that a parent fulfills duties towards him. This condition is justified by the fact that children are in relation to adults, in this thesis towards parents, traditionally considered as a weaker "element". Because of that, the attention is firstly paid to the rights of a child in a wider context. In the very beginning we take into consideration a historical context of the child's rights development that shows the contrast between a premodern period when a child was considered as almost powerless and without rights and a "progressive " 20th century when a lot of international documents concentrate solely on rights of a child. As a follow-up to the child's rights development, the attention is aimed on explanation of the terms "best interests of the child" and "child's welfare". The thesis also deals with participatory rights in relation to the law court and in relation towards parents. Because the role of a family is very important in a development and education of a child, the thesis also focuses on juridical protection of the family and explains the term "family" in the European system of the...
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