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International and European regulation of the ban on trading in children and women
Majerčíková, Gabriela ; Hýbnerová, Stanislava (advisor) ; Balaš, Vladimír (referee)
The aim of the thesis is to conduct an analysis of international law in relation to trafficking in women and children, from the perspective of various sources of law as well as various approaches used to deal with the issue. The question of the existence of a rule on the level of international customary law consisting in the prohibition of trafficking in women and children is especially significant. The problem of trafficking in women and children is a multi- dimensional issue encompassing more subsystems of international law, which gives rise to a question of the relation of the respective subsystems. The human rights law and criminal law approach complement each other in international legal instruments which deal with trafficking in women and children when their deficiencies are compensated for by the strengths of the other subsystem. The thesis is divided into two parts. The first part presents the introduction into the problem of trafficking in women and children. This part explains the relation between the analysed problem and related phenomenon, clarifies key words used in the thesis, defines actors engaged in the process of trafficking in women and children and finally deals with factors which exercise influence on the enormous rise of trafficking in women and children in the present-day...
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Changing Attitudes towards Human Rights in Europe: Perceptions of Czech Non-Profit Organisations
Libová, Anna ; Císař, Ondřej (advisor) ; Blokker, Paulus Albertus (referee)
This master's thesis deals with the identification and the analysis of the changes in society which lead to questioning the basic principles of human rights from the point of view of Czech non-profit organisations. In this study, it is important to divide the definition of human rights into their legal aspect, i.e. as rights of people, and their institutional aspect, i.e. as the moral imperative of equality and liberty. The latter is the main objective of this study, and is in this thesis labelled as the human rights. While the legal aspect of human rights is hard to change and to challenge, the institution of human rights is confronted by both the politics and the public. Because of their unique position between the political and the public spheres, non-profit organisations who advocate the human rights were chosen as the research sample. The dimensions of the researched phenomenon are divided into decreasing political influence of countries promoting the human rights, and increasing distrust in the legitimacy of the human rights. Findings from the research uncover the unequal intensity of the potential reasons of the changing attitudes towards the institution of human rights, and we can identify the political sphere as the creator of the boundaries in which the public reacts. As a result, this...
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Decisions of the European Court of Human Rights in the legal system of the European Union
Jakab, Vladimír ; Scheu, Harald Christian (referee)
UNIVERZITA KARLOVA Právnická fakulta Mgr. Bc. Vladimír GUNÁR Rozhodnutia Európskeho súdu pre ľudské práva v právnom systéme Európskej únie Decisions of the European Court of Human Rights in the legal system of the European Union Rigorózní práce Tematicky okruh: Evropské pravo Abstrakt v anglickom jazyku The aim of the thesis is to describe the European system of human rights protection with emphasis on the European Court of Human Rights and the influence of selected decisions of the European Court of Human Rights on the legal order of the European Union. The work consists of three chapters. First chapter deals with the system of protection of human rights and fundamental freedoms within international law. The emphasis is on the individual systems and institutions that operate at their level. It focuses on the general characteristics of human rights and freedoms in international law with an emphasis on European Union law and briefly characterizes the entities that are the bearers of human rights and freedoms in international law. It discusses the issue of obligations in the field of protection of human rights and freedoms at the international level (including the European Union) and the issue of liability in case of breach of these obligations. The focus of this chapter is the European Convention on Human...
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Military transgressions against the human rights throughout the Mexican drug wars after 2008
Kurejová, Katarína ; Doboš, Bohumil (advisor) ; Kučera, Tomáš (referee)
This Bachelor's thesis is dealing with the issue of wars against drug cartels in Mexico. Although war on drug cartels was firstly declared by American president Richard Nixon in 1971, in Mexico it was fully declared by president Felipe Calderón in 2006. With the entrance of more than 45 000 of troops and president's aim to detain or kill all of the major drug lords, harms of civilians arrived as well. Except for drug cartels, state forces committed them, too. This thesis focuses on period after 2008, when conflicts between army and the drug cartels started to escalate; nonethless hassles between army and civilians started to escalate as well. This thesis is a descriptive case study. The aim as to look at the history of drug wars, to bring readers closer to the idea of formation of drug cartels, to analyze the government's actions against them and to describe in detail incidents, in which military transgressions against human rights took place. In described incidents it is important to concentrate on the number of people who have been hurt, what type of harms did they suffer and in which situation those harms happened. The description of cases is followed by a comparison based on aforementioned indicators. The research question of this work is how much violence has been committed by the military...
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International Terrorism and Challenges for International Law
Kobulská, Natália ; Bílková, Veronika (advisor) ; Ondřej, Jan (referee)
English abstract International Terrorism and Challenges for International Law Rigorosum thesis is focused on the understanding of essential problems of interna- tional terrorism in context of international law. Main challenges include the adoption of universal definition of terrorism, the settlement of the legal status of terrorists and their rights and obligations mainly in relation to human rights. It is important to clarify the responsibility of the State for terrorism (State terrorism and attribution of his actions), in relation to the population, captured terrorists, and non-state actors. The latter pose several problems in reaction to terrorist crimes, such as the legality of the use of force against them including the right of self-defence or the use of drones for targeted killing. It is contentious whether it is possible to place terrorism under existing categories of in- ternational law or it constitutes a separate act which is necessary to regulate apart from valid international rules. Keywords: terrorism, human rights, targeted killing, right to self-defence, use of force, State responsibility, non-state actor, 9/11 terrorist attacks
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Political persecution as a reason for granting protection in international law
Sirotová, Dominika ; Honusková, Věra (advisor) ; Tymofeyeva, Alla (referee)
This thesis focuses on political persecution as a reason for which international protection is granted. Firstly, it discusses what role persecution on political grounds has played in the past, and how the entitled person is provided with protection as a result. The following chapter assesses the way political persecution is included in the relevant international law norms, as well as European law norms, which are an important source of the legal regulation of granting international protection in the European Union. As an example of how Member States respect both international and European commitments in their national legislation, the thesis reveals the laws and regulations made applicable in the Czech Republic. The crux of this thesis centres around the interpretation of different terms which are crucial for granting international protection on political grounds. This is the imperative, determining factor of the decision-making process in individual cases. Chapter 4 compares the legal regulation of political persecution in two regional legal subsystems, European and Inter-American, and incorporating international and regional commitments in the national legislation on the American continent is demonstrated on the relevant US laws. Furthermore, the thesis deals with the question of whether...
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Changing Attitudes towards Human Rights in Europe: Perceptions of Czech Non-Profit Organisations
Libová, Anna ; Císař, Ondřej (advisor) ; Blokker, Paulus Albertus (referee)
This master's thesis deals with the identification and the analysis of the changes in society which lead to questioning the basic principles of human rights from the point of view of Czech non-profit organisations. In this study, it is important to divide the definition of human rights into their legal aspect, i.e. as rights of people, and their institutional aspect, i.e. as the moral imperative of equality and liberty. The latter is the main objective of this study, and is in this thesis labelled as the human rights. While the legal aspect of human rights is hard to change and to challenge, the institution of human rights is confronted by both the politics and the public. Because of their unique position between the political and the public spheres, non-profit organisations who advocate the human rights were chosen as the research sample. The dimensions of the researched phenomenon are divided into decreasing political influence of countries promoting the human rights, and increasing distrust in the legitimacy of the human rights. Findings from the research uncover the unequal intensity of the potential reasons of the changing attitudes towards the institution of human rights, and we can identify the political sphere as the creator of the boundaries in which the public reacts. As a result, this...
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Struggle for democracy and human rights in Cuba - the role of dissidents and non-governmental organisations
Hrušková, Magdaléna ; Krausz Hladká, Malvína (advisor) ; Machart, Filip (referee)
The Bachelor Thesis "Struggle for democracy and human rights in Cuba - the role of dissidents and non-governmental organizations" concerns a role of dissident movement in a possible democratic transition. Firstly, the paper analyses the development of theories of democratization with detailed focus on the role of ordinary people and on the enforcement of civil movement by non-governmental organizations based on studies from Ackerman, Karatnycky, Welzel and Inglehart. Regarding Cuban dissident movement, on which the thesis focuses as an instrumental study, it examines every important part and challenge that the movement is obliged to face in order to become a mass movement. Moreover, the further parts concentrate on international democratic promotion, more specifically, on the American embargo, as an example of economic sanctions, and on the Cuban projects of two particular NGOs, as an example of diplomatic pressure towards wider respect of human rights and as an example of the strengthening process of civil movement. In the conclusion, the thesis discusses possible catalyzers of democratic change in Cuba, including the role of dissident movement, reinforced by projects of NGOs, as a crucial player in possible process of democratization.
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Prohibition on discrimination in international law of protection of human rights
Kubinská, Dagmara ; Hýbnerová, Stanislava (advisor) ; Ondřej, Jan (referee)
(Prohibition on discrimination in international law of protection of human rights) The purpose of this thesis is definition of concept of human rights, equality and discrimination, explanation of principle of equal treatment and their reflection in present time. From general definitions, I gradually step towards the aplication of these terms in international law, legislation on regional level within Europe and at the end, implementation of principle of equal rights and prohibition on discrimination in law of Slovak Republic. The most extensive part is dedicated to issues of antidiscrimination from the perspective of the United Nations and pose its basic instruments that are used for promoting equality and fight against discrimination. The UN, within its activity, adopted a large number of international conventions explicitly focused on this issues since it was established. These documents became a pattern for additional conventions addopted within regional or internal law. Significant role in the field of fight against discrimination within the european region plays the Council of Europe. Convention on human rights and fundamental freedoms as a result of activity of this organisation is considered for basic pillar of protection against discrimination among european legal stanards. Compliance of the...
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International and European regulation of the ban on trading in children and women
Majerčíková, Gabriela ; Hýbnerová, Stanislava (advisor) ; Balaš, Vladimír (referee)
The aim of the thesis is to conduct an analysis of international law in relation to trafficking in women and children, from the perspective of various sources of law as well as various approaches used to deal with the issue. The question of the existence of a rule on the level of international customary law consisting in the prohibition of trafficking in women and children is especially significant. The problem of trafficking in women and children is a multi- dimensional issue encompassing more subsystems of international law, which gives rise to a question of the relation of the respective subsystems. The human rights law and criminal law approach complement each other in international legal instruments which deal with trafficking in women and children when their deficiencies are compensated for by the strengths of the other subsystem. The thesis is divided into two parts. The first part presents the introduction into the problem of trafficking in women and children. This part explains the relation between the analysed problem and related phenomenon, clarifies key words used in the thesis, defines actors engaged in the process of trafficking in women and children and finally deals with factors which exercise influence on the enormous rise of trafficking in women and children in the present-day...
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