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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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Criminal Liability for the Dissemination of Illegal Content on the Internet
Nikl, Ondřej ; Gřivna, Tomáš (advisor) ; Krupička, Jiří (referee)
Criminal Liability for the Dissemination of Illegal Content on the Internet Abstract As the title of my work suggests, I deal with the issue of criminal liability for the dissemination of illegal content on the Internet. The work is not generally focused on the mechanism of creating criminal liability or shedding light on the concept of illegal content. However, these topics are defined in the first chapter, along with other concepts related to this work. The heart of this work is represented by two areas that cover most of the illegal content distributed on the Internet, namely pornography and hate crimes. These areas are the main theme of my work. The aim of this work is to analyze the issues of these two areas and especially the specifics that are associated with the virtual world. The work deals with both the regulations of European and domestic law, as well as case law. I constantly tried to compose my thoughts in my work, especially in the conclusion, where the de lege lata consideration of the criminality of using the so-called reaction buttons on social networks is described. A large part of internet hate speech has moved to them, and I think that this trend will only continue. The work is divided into four chapters (if I do not count the introduction and conclusion). The first chapter defines the...
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Criminological aspects of hate crimes
Rybářová, Dominika ; Kopečný, Zdeněk (advisor) ; Tlapák Navrátilová, Jana (referee)
1 Abstract This diploma thesis focuses on the topic of hate crimes and their aspects from the perspective of criminology. Its aim was to provide a comprehensive summary of information, especially criminological information, on the issue of hate crimes in the Czech Republic. The work is divided into five chapters, which are further divided into individual subchapters. In the first part of the thesis there are mentioned the basic concepts. The first chapter deals with the definition of hate crime and focuses on its specifics compared to "ordinary" crime. The second chapter deals with concepts related to hate crime, namely hate violence, prejudiced violence, prejudiced hatred, extremism, anti-Semitism, nationalism, homophobia, Islamophobia and xenophobia. Specially I dwell on the concept of extremism and think of the link between hate crime and extremism in it. The aim of he following third chapter is to describe the current and desired legal situation of hate crimes in the Czech republic. First I describe hate crimes de lege lata and then I think about possible legal changes and consider hate crimes de lege ferenda. The fourth and the final chapter contains the main topic of the diploma thesis, which are the criminological aspects of hate crimes. This part of the work is divided into three subchapters, which...
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Hate Crimes
Korduliak, Matěj ; Pelc, Vladimír (referee)
Hate Crimes Abstract The author of this thesis discusses the issue of hate crimes according to the Act No. 40/2009 Coll., The Criminal Code, as amended, and related case law. The thesis is divided into several parts. The first part is devoted to the definition of hate crime and related terms such as extremism, prejudice, race, anti-Semitism, nationalism and xenophobia. These concepts are important for the following interpretation and for the understanding of the existence of special protection in the context of hate crimes. The second part is devoted to the international regulation of hate crimes. Emphasis is places on the analysis of the case law of the European Court of Human Rights. The third and fundamental part of this master thesis analyzes hate crimes in the Czech Republic in the context of settled and current case law. In addition, examples of statements fulfilling the facts of individual crimes from practice are given. The fourth part analyzes the basic issues of hate speech and hate crimes in the United States legislation and case law. It also includes comparison of individual approaches with ideas of possible inspiration. The fifth part is devoted to reflections de lege ferenda on the topic, especially with regard to different concepts in the Czech Republic and the United States. The last part...
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Hate Crimes
Korduliak, Matěj ; Bohuslav, Lukáš (advisor) ; Vokoun, Rudolf (referee)
Hate Crimes Abstract The author of this thesis discusses the issue of hate crimes according to the Act No. 40/2009 Coll., The Criminal Code, as amended, and related case law. The thesis is divided into several parts. The first part is devoted to the definition of hate crime and related terms such as extremism, prejudice, race, anti-Semitism, nationalism and xenophobia. These concepts are important for the following interpretation and for the understanding of the existence of special protection in the context of hate crimes. The second part is devoted to the international regulation of hate crimes. Emphasis is places on the analysis of the case law of the European Court of Human Rights. The third and fundamental part of this master thesis analyzes hate crimes in the Czech Republic in the context of settled and current case law. In addition, examples of statements fulfilling the facts of individual crimes from practice are given. The fourth part analyzes the basic issues of hate speech and hate crimes in the United States legislation and case law. It also includes comparison of individual approaches with ideas of possible inspiration. The fifth part is devoted to reflections de lege ferenda on the topic, especially with regard to different concepts in the Czech Republic and the United States. The last part...
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Violent Crime and Its Prevention
Veselá, Soňa ; Krupička, Jiří (advisor) ; Konrád, Zdeněk (referee)
Violent Crime and Its Prevention Abstract This thesis deals with violent crime and its prevention. This topic is broad, therefore only few aspects are included into this work. I focused mostly on phenomenology of violent crime, worldwide comparation and prevention of crime. The violent crime is a traditional criminologic topic, but despite that, it is still very actual. My goal was to chart violent crime and its prevention. This work is divided into six chapters. In the first chapter, basic concepts are defined. The focus of a second chapter is on phenomenology, state, dynamics and extent of the violent crime in Czech Republic and in countries, that I have chosen. In the following chapter, the state of violent crime is compared in-between some chosen countries through index crime of homicide. Crime in United States and Great Britain is compared in more detail later in this chapter. In the same chapter, relapse and latent crime is also described. In the third chapter, perpetrator of violent crime, various kinds of typology, ratios between men and women in sense of numbers of offences and age composition of offenders are discussed. Victims, victimization, types of victims, forms of experiencing harm and impact of violent crime on the victim is the main topic of the fourth chapter. The fifth chapter deals with...
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Criminological aspects of hate crime
Hájková, Barbora ; Herczeg, Jiří (advisor) ; Hořák, Jaromír (referee)
The aim of this thesis, focusing on the Criminological Aspects of Hate Crime, is to provide a comprehensive analysis of this kind of criminality in the Czech Republic from the criminological point of view. The work is divided into six chapters. The first of which introduces the topic and presents the definition of this kind of criminality and its close connection with extremist criminality. This activity is characterised by hate motivation against a group or an individual because of their real or presumed race, colour, religion, national origin or ethnicity, gender, sexual orientation or disability. The chapter also deals with the development of the hate crime concept, typology of criminal activity based on the committed type of crime or motivation and particular criminal acts occurring in the Czech Republic. The second chapter is focused on extremism and illegal activities of the members of this scene which attack the democratic system and are capable of jeopardizing it. In addition, it examines kinds of extremism, related ideologies and the Czech situation. The criminological part of the thesis, starting in the third chapter, begins with the phenomenology of hate crime, presenting the state of this criminality in the Czech Republic, comparing it to the previous years and elaborating on the types...
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Hate speech in the Czech legal theory and media practice
Moravová, Veronika ; Křeček, Jan (advisor) ; Štechová, Markéta (referee)
This bachelor thesis deals with the topic of "hate speech" in relation to the freedom of expression. In the first part, I went into the legislation on freedom of expression and hate speech in our legal system. I devoted a considerable part to international treaties concerning this issue that, according to the Constitution, are a part of our laws and base of the national legislation to a great extent. There are two different approaches to the freedom of expression - the American and European one. The first one is close to the absolute concept of freedom of speech that also covers the hate speech. The second one excludes the hate speech from its protection. The most typical representatives of these two approaches are the U.S. and Germany so I have also paid attention to the legislation of the two countries. As this topic is extremely wide, I chose for the practical part a few cases that are somehow boundary. With the aid of these extremes, I tried to define the limits of freedom of speech. In the next two subsections, I tried to reflect two controversial lawsuits medially, i.e. the Mein Kampf edition and the visit of David Duke in pages of the Lidové noviny, Právo and MF Dnes. The next subsection is devoted to the Internet, beyond the territory of states, so, logically, there is a collision between...
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