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The Role of Privacy in Forming the European Union's Normative Power through Regulation
Hejtmánek, Matěj ; Young, Mitchell (advisor) ; Weiss, Tomáš (referee)
The question of privacy has long been an integral part of the debate on human rights and fundamental values, which national governments should ensure. The rapid technological development of last decades brought the topic of privacy protection even more to display mainly because of the rising digital economy and new challenges that are connect with it. This thesis discusses the role of privacy, as a fundamental right, in forming the European Union's role as a global power, specifically, the thesis builds on two theories: The Normative Power Europe and The Brussels Effect. Digital economy of the European Union has been growing exponentially over the last two decades. Given the increased importance of the digital economy since the 1990s the European Union started to gradually implement laws to regulate the flow of the personal data online. These new regulations often had influence on global markets and big tech companies operating on the European single market but residing outside of Europe. Apart from analyzing the development of the European data protection laws, and the role that was played by the European Courts in forming the European global power, the thesis overviews the debate surrounding the incentives to introduce new regulations to protect the right private life of European citizens.
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Constitutional aspects of compulsory vaccination
Plačková, Anna ; Kindlová, Miluše (advisor) ; Uhl, Pavel (referee)
1 Diploma thesis topic title Constitutional aspects of compulsory vaccination Abstract This diploma thesis focuses on the assessment of the constitutional conformity of compulsory vaccination. In particular, the thesis deals with the conflict of interest in combating the emergence and spread of infectious diseases and the interest in not interfering with fundamental human rights. The main objective of the thesis is to provide a possible line of reasoning for defending the compliance of the vaccination obligation with the constitutional order. The aim is to cover all conceivable aspects that can be associated with mandatory vaccination. First, an interference with fundamental rights is examined in the light of the Charter of Fundamental Rights and Freedoms. By performing the proportionality and rationality analysis it is assessed whether the limitation of the affected rights can be justified. A special attention is paid to a statutory reservation and a conscientious objection. Due to a significant importance of the system of the European Convention on Human Rights, one part of the thesis is focused also on the examination of the compliance of compulsory vaccination with this international instrument. For those purposes a five-step analysis is performed. In this thesis also medical issues are discussed...
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The access to healthcare for asylum seekers in Italy: disparities between legislation and practice
Rossetti, Elisa ; Štěrbová, Ludmila (advisor) ; Zeitel Bank, Natascha (referee)
Asylum seekers are a socially excluded migrant population, presenting specific healthcare needs, which are often not acknowledged, nor properly addressed by national and European laws. Hailing from areas with poor sanitary attention, exposed to violence during the journey, they arrive to Italy with a high health vulnerability. The aim of this thesis is to find the discrepancies between the legislation providing healthcare access to the asylum seekers, in compliance with the fundamental human rights, and the practical healthcare responses in the Italian context of the North African Emergency (2011-2013), relying on a systematic literature review. The emergency-driven responses to the asylum inflow resulted in a heterogeneous reception and healthcare assistance, as the Italian asylum legislation focuses more on asylum procedures than healthcare, which remains regionally fragmented too. Asylum seekers faced discrimination and barriers in accessing healthcare, mainly due to information, linguistic and bureaucratic difficulties. Therefore, NGOs and associations intervened locally to fill the gap left by the institutional response, with a better focus on the social determinants of health and the importance of social integration as well. After 2013, better reception conditions were formulated and the legislation revised. However, the difference between legislation and practice on the asylum seekers healthcare access constitutes a human rights violation still present nowadays. Clearer approaches should be developed to address the issue uniformly.
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