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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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Access to independent and impartial court as a fair trial guarantee under the European convention on human rights
Tymofeyeva, Alla
Dissertation Abstract TYMOFEYEVA, A. Access to an independent and impartial court as a fair trial guarantee under the European Convention on Human Rights. Prague 2010. Dissertation thesis. Charles University in Prague. Law Faculty. International Law Department. Supervisor Doc. PhDr. Stanislava Hýbnerová, CSc. The paper discusses the right of access to an independent and impartial tribunal under the European Convention on Human Rights with a focus on compliance of legislation and judicial practice in Ukraine with the standards developed by the European Court of Human Rights in its case-law. In order to address this issue the first part contains an analysis of the term "right of access to a court" and its components. An analysis of the term "right of access to a court" in a sense of the European Convention shows, that it includes the following elements: 1) the right to institute the legal proceedings and, in certain cases, the right to appeal against a decision of an administrative body or a court; 2) the right to legal aid, including free legal assistance and exemption from the court's costs; 3) the right to hearing by an independent and impartial tribunal with full jurisdiction established by law; 4) the right to hearing and delivery of the court's decision within a reasonable time and 5) the right to...
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Protection against Discrimination under the European Convention on Human Rights
Konoplia, Oleksandra ; Lipovský, Milan (advisor) ; Pulgret, Miroslav (referee)
The thesis is focused on the examination of the scope of Article 14 of the European Convention of Human Rights, theoretical framework, and legal basis of the concept of discrimination. The paper presents an analysis of the caselaw of the European Court on Human Rights, how the latter operationalises the issue of inequality, and which inaccuracies of interpretation it leaves. The primary aim is to challenge the system of protection against discrimination under the Article 14 as well as the role of the national actors in its development. The thesis examines the level of compliance among signatories of the Convention with its anti- discriminatory provisions and focuses on the individual capacities of the states to satisfy judgements of the European Court on Human Rights. The usage of the comparative approach also helps to analyse the role of local non-governmental organisations in the process of compliance with human rights obligations under the Convention among signatories. The thesis aims to show why the level of protection against discrimination differs from the one country to another and which obstacles they face on the path towards the respect for human rights.
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Judiciary and the Right to a Fair Trial in Communist Czechoslovakia 1948 - 1989
Guckler, Daniel ; Wintr, Jan (advisor) ; Kühn, Zdeněk (referee)
The aim of the study is to map and judge the level of the right to a fair trial in Czechoslovakia after the communist revolution in relation to the minimum requirements imposed by the European Convention on Human Rights. Czechoslovakia did not ratified this Convention and therefore it is not regarded in terms of the applicable law, but in terms of timeless principles of fair trial as expressed in the Convention. Even present case law speaks about the need to comply with the timeless principles of a fair trial, namely the decision of the Supreme Court in the case Ludmila Brožová-Polednová, file number 7 Tdo 549/2008, and the decision of the Supreme Court in the case of Pavel Vítek, file number 7 TZ 179/99, which was also analysed by the author. The Convention is useful for comparing with regard to the time of its creation when there was in Czechoslovakia "intensification of the struggle against the class enemy" as Communist terminology justified escalating process of violations of the right to a fair trial. The starting point will be not only in classification of cases of violations of the right to a fair trial under Article 6 or other rights and freedoms of the Convention as it took place in Czechoslovak judiciary from 1948 to 1989 but also an understanding the situation in the legal environment at...
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Freedom of Religion or Belief in the Context of European and International Law
Bartoň, Daniel ; Scheu, Harald Christian (advisor) ; Bílková, Veronika (referee) ; Machalová, Tatiana (referee)
Freedom of Religion or Belief in the Context of European and International Law This PhD dissertation focuses on selected aspects of freedom of religion or belief in Europe. It aims to introduce the legal framework in which religious freedom has to operate, and to place this essential freedom into a broader cultural, religious and human rights context. The contextualisation emphasised throughout this dissertation is based on an assumption that it is not possible to establish a pure legal notion of religious freedom that would not bear any imprint of the societal, legal, cultural and religious context of its authors; in reality, each person's understanding of religious freedom is rooted in his culture, religion and experience. This should not lead, however, to a complete rejection of the possibility of a common understanding and universal protection of religious freedom. On the contrary, it should motivate each interpreter and law-maker in the area of religious freedom to study the understandings of all persons and entities involved in a particular case or situation. Having thoroughly studied all presented claims rooted in religious freedom and having taken into consideration all other rights, principles and interests involved, it should be possible for the decision-makers to resolve the case in a...
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