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Right to education in European documents
Pehrová, Klára ; Tymofeyeva, Alla (advisor) ; Honusková, Věra (referee)
Right to education in European documents Key words Education, right to education, European documents, Court of Justice of the European Union, European Court of Human Rights, Human Rights Abstract The right to education is a fundamental human right that has been enshrined in numerous international legal documents. This thesis deals with the enshrinement of the right to education in European documents and in the complex of human rights since its enactment. The aim of the thesis is the analysis of the right to education in the European context while its main focus is to provide a characterization, analysis and comparison of the codification of the right to education in Euroepean documents. Firstly the thesis presents the enshrinment of the right to education in the European convention on human Rights as amended by the Additional Protocols which served as important source for the creation of the Charter of Fundamental Rights of the European Union. Secondly the thesis presents the enshrinment of the right to education in the Charter of Fundamental rights of the European Union which is one of the youngest and most comprehensive catalogues of the human rights in the world. The thesis contains key case law from the European Court Human Rights and the Court of Justice of the European Union. Thrirdly in the...
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European Convention on Human Rights and its response to hate crimes and hate speech
Kundrák, Viktor ; Hofmannová, Mahulena (advisor) ; Tymofeyeva, Alla (referee) ; Jílek, Dalibor (referee)
The doctoral thesis deals with the issue of hate crime and hate speech in international law, specifically the protection of victims of acts falling under both categories within the framework of the European Convention on Human Rights. It describes the conceptual development of both phenomena and their regulation in international law, including both hard law, i.e. binding international law, and soft law, at both the universal and regional levels. Regarding hate speech, it highlights the crucial role of international freedom of expression protection and the different standards and requirements imposed on states based on the severity of the speech. It extensively analyzes the case law of the European Court of Human Rights in relation to both areas, introducing the category of verbal hate crime, which lies between hate crime and hate speech. It describes the parameters and limits of victim protection in relation to both types of behaviors and outlines possible future directions for the development of the Court's case law in the context of binding instruments at the universal level and the dynamic development of international soft law. In the area of hate crime, it focuses on the reflection of the need for a comprehensive response to the phenomenon, going beyond the procedural obligation of effective...
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Temporary release from prison or provision of escort for urgent family reasons as part of the right to respect for private and family life of detained persons
Drahorád, Jakub ; Řepa, Karel (advisor) ; Suchánek, Radovan (referee)
Temporary release from prison or provision of escort for urgent family reasons as part of the right to respect for private and family life of detained persons The thesis deals with the issue of exercising the right to respect for private and family life by persons deprived of personal liberty due to detention or imprisonment in the form of the possibility to temporarily leave prison space, accompanied by an escort or alone, for serious family reasons. By these the thesis means attending the funeral of a close relative or the possibility to visit them in the hospital while suffering from a life-threatening condition. While in the case of persons remanded in custody, this issue is not regulated in any way by legal or secondary legislation, in the case of persons serving a custodial sentence in prisons with increased security or for life, it is partially explicitly prohibited. In practice, therefore, these persons are barred from exercising their right under Article 8 of the European Convention for the Protection of Human Rights and Fundamental Freedoms. In the case of persons in the "regular mode" of serving a prison sentence, the execution of this right is dependent on the discretion of the prison director, who does not have to justify his informal decision to suspend the sentence, which is not...
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Gender Reassignment from the Point of View of Social Law
Sklenářová, Hana ; Koldinská, Kristina (advisor) ; Munková, Gabriela (referee)
Gender Reassignment from the Point of View of Social Law Abstract This thesis deals with legislation regulating gender reassignment in the Czech Republic, specifically conditions which allow a person to undergo gender reassignment, like chirurgical procedures and sterilization. I compared Czech legislation with opinions expressed by the European Court of Human Rights. I determined whether Czech legislation is consistent with development in other European countries. I focused in more detail on the topic of people who undergone gender reassignment getting married and being forced to end their current marriage. I also concentrated on payment of medical bills and retirement age within social insurance. I would like to spread awareness of gender reassignment with this thesis, which is not very widespread in society. I would also like to compare Czech legislation with ECHR's opinion and find out whether Czech legislation is too obsolete. Czech legislation demands chirurgical procedures and sterilization for allowance of gender reassignment, which is in contrast with ECHR's case law and other European states' legislations. 31 of 39 states of The Council of Europe permit transgender people gender reassignment without previous chirurgical procedures or sterilization. The case law and society have changed in the last...
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Right to a healthy environment in the case-law of the European Court of Human Rights
Zukalová, Gabriela ; Franková, Martina (advisor) ; Derlich, Stanislav (referee)
Right to a healthy environment in the case-law of the European Court of Human Rights Abstract The thesis deals with the right to a healthy environment as protected by the European Court of Human Rights. The thesis aims to provide a comprehensive overview of the ECtHR case-law on the right to a healthy environment, to identify the main characteristics of this right and the ways the ECtHR uses to protect it and to assess the strengths and weaknesses of the ECtHR approach. The second objective is to place the ECtHR case-law in the context of international law and other regional instruments and to identify how they influence the ECtHR's decision-making. On the basis of this information, the thesis asks a broader question of whether the ECtHR can effectively contribute to the protection of the right to a healthy environment in the 21st century, particularly in the context of climate change, or whether an explicit enshrinement of the right to a healthy environment in the Convention is potentially appropriate. The thesis first examines theoretical aspects of the right to a healthy environment and its position in international law and other regional human rights systems. Subsequently, the thesis provides an introduction to the ECHR system and introduces the basic institutes related to the individual complaint...
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An impact of case law of the European Court of Human Rights upon the legal system of the Russian Federation
Srstková, Nela ; Hofmannová, Mahulena (advisor) ; Bílková, Veronika (referee)
One of the key issues discussed over the last few years in connection with the ECHR is a large number of individual applications lodged to the court although the court does not have sufficient capacity to resolve them. The majority of the cases falls into category of so- called repetitive cases. This thesis aims to identify the tools, ECHR disposes of, and to what extent those tools may affect national legislation and case law of national courts. Reforms of problematic institutes at the national level implemented as a result of the ECHR decisions are able to exclude the future influx of repetitive cases to this transnational judicial authority. The process of the influence of ECHR case law on national legal systems is analyzed on the example of Russian Federation, which currently holds the first place regarding the number of individual applications that have been filed with the ECHR.
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Denial of the Holocaust and other crimes from the perspective of the international protection of human rights (freedom of expression)
Prokešová, Lucie ; Bílková, Veronika (advisor) ; Tymofeyeva, Alla (referee)
Denial of the Holocaust and other crimes from the perspective of the international protection of human rights (freedom of expression) This thesis discusses the conflict between the freedom of expression and other rights and values guaranteed by the European Convention on Human Rights, which are affected by denial of the Holocaust and other crimes. Freedom of expression is a relative fundamental right that can be limited in order to protect other protected rights and values. In cases of denial of the Holocaust and other crimes, freedom of expression can be limited in the interests of the protection of the dignity of victims and prevention of disorder or crime. The aim of this thesis is to provide a comprehensive view on the issue of denial of the Holocaust and other crimes in the light of freedom of expression in the European Court of Human Rights case law. The first part provides definition of the relationship between Holocaust denial and freedom of expression from the perspective of international law, the characteristics of freedom of expression and its limits, and the role and proceeding of the European Court of Human Rights in the case of conflict between freedom of expression and other rights and values. The second part is dedicated to the European Court of Human Rights case law concerning the...
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Legality of Evidence in Criminal Proceedings in the Light of the European Convention on Human Rights
Nejedlý, Josef ; Hýbnerová, Stanislava (advisor) ; Hofmannová, Mahulena (referee) ; Hubálková, Eva (referee)
1 Abstract This PhD thesis focuses on the legality of evidence in criminal proceedings in the light of the European Convention on Human Rights ("the Convention"). At first sight it might seem that this field is only remotely connected with the Convention. In fact, none of the provisions of the Convention expressly regulates issues of evidence and the European Court of Human Rights ("the ECtHR") traditionally refuses to rule on the legality and the admissibility of evidence having regard to its subsidiary role and the doctrine of fourth instance. Yet the days when the question of the legality of evidence was exclusively a matter of domestic law are now long gone, as is evidenced by the relatively abundant jurisprudence of the ECtHR and the former European Commission of Human Rights (jointly "the Convention organs"). Moreover, Strasbourg case-law has been evolving dynamically in this area. It is thus one of the challenges currently facing both legal science and practice which stand before the difficult task to capture and influence these developments. The gathering of evidence in criminal proceedings often conflicts with the fundamental rights of individuals. Consequently, it is not surprising that the jurisprudence of the Convention organs dealing with issues of evidence has developed particularly in the...
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Environmental protection in the case law of the European Court of Human Rights
Vyhnánek, Aleš ; Žákovská, Karolina (advisor) ; Snopková, Tereza (referee)
- anglicky The Convention for the Protection of Human Rights and Fundamental Freedoms does not guarantee any right to the environment, in spite of that the European Court of Human Rights developed an extensive environmental case-law. This thesis examines the aforementioned case-law and on the ground of this examination assesses what are the limits of protection granted by the Court to the environment. The thesis focuses particularly on the limb of the case-law in which endangerment of the environment is perceived as violation of certain rights protected under the Convention. Subsequently, from the analysis of the selected cases the conclusion is inferred that the Convention is even in its present-day form an instrument which may contribute to the protection of the environment, nevertheless, its environmental effect in the states which are parties to the Convention will probably not be particularly significant.
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Level of the Protection of Human Rights in the Russian Federation
Recinová, Pavla ; Sádovský, Stanislav (advisor) ; Stracený, Josef (referee)
The main objective of this bachelor thesis entitled 'The Level of the Protection of Human Rights in the Russian Federation' is to describe and analyse the current situation of the protection of human rights and freedoms in the Russian Federation. At the same time, it tries to find answers to the question, what is the level of the protection of human rights in this country? After the more general interpretation of the concept of human rights and an overview of the development of human rights in the Russian Federation, the thesis concentrates on the issue of the Russian substantive and procedural law of human rights. The following is a list of state, non-governmental and international organizations, centers, and clubs dealing with the protection of human rights. In the final chapter are pointed out flagrant violations of human rights. To illustrate human rights abuses, specific cases are also documented. Keywords Human Rights, Freedoms, the Union of Soviet Socialist Republics, the Russian Federation, Declaration of Human Rights and Freedoms, European Court of Human Rights, Human Rights Organizations, Political Prisoner, Prisoner of Conscience, Journalist
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