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Rovné zachádzanie pri výkone pracovných činností z pohľadu antidiskriminačného zákona
Šarláková, Lucia
ŠARLÁKOVÁ, L. Equal treatment in performance of work activities from the point of view of antidiscrimination law. Bachelor thesis. Brno: Mendel University, 2023. The bachelor thesis is dealing with equal treatment in work performance from the point of view of Czech antidiscrimination law n. 198/2009 Sb. This work includes explanation of terms concerning discrimination. For instance, types of discrimination, acceptable forms of discrimination, development of legal legislation in the field of protection of equal treatment of employees and job applicants. The thesis includes protective measures against discrimination and models of discrimination in the labour market as well. All terms relate to labour market. In practical part, based on interview with the company, the position of employees in specific company is analysed from the point of view od discrimination. The was company decides among potential job applicants. The conclusion is devoted to recommendations.
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Conscientious objection in European law
Dušek, Petr ; Scheu, Harald Christian (advisor) ; Wintr, Jan (referee)
This thesis is aimed on the social phenomenon of conscientious objection, its theoretical perception as a legal concept and application in the real world, in particular by the supranational protection of human rights in the European area. Priority concern will be given to the transposition of the general assessments to the special "habitat" of EU law. The basis of the study is built on an analysis of definitions and categories refined by the doctrine and reinforced by the roots of natural law, both of which also serve to determine the methodology and legal perception of conscientious objection. A short study of the Czech law then follows to "pump the theory in legal veins". Large part of the thesis addresses the case law adopted by the European Court of Human Rights which serves as an inspiration and authority for the Union and its Member States. Abstracting the main trends in ECtHR reasoning the thesis draws basic limits laid down by the international protection. It also concludes that the Convention (ECHR) does not preclude developing its own pro or contra- objection approach by the EU institutions. It is, however, supposed to have a great impact on the Unions' legal "technique" in the field of the freedom of thought, conscience and religion. In the context of EU law the special nature of the...
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The Right to Education of Members of Ethnic Minorities in the European System of the Human Rights Protection
Kalenská, Petra ; Bílková, Veronika (advisor) ; Šturma, Pavel (referee) ; Bayerová, Monika (referee)
v anglickém jazyce The thesis deals with the right to education in the European system of the protection of human rights. It examines theoretical approaches to judicial protection of the right to education. It compares the right to education in the European system of the protection of human rights with the United Nations' human rights protection and the human rights protection system with the system of the Organization of American States. The thesis shows the development of the right to education through the general commends and recommendations and views of the UN human rights committees and through judgments of the European Court of Human Rights. The thesis analysis six cases of violation of the right to education of ethnic minorities, namely the D.H. and Others v. the Czech Republic, Sampanis v. Greece, Oršuš v. Croatia, Sampani v. Greece, Horváth and Kiss v. Hungary and Lavida v. Greece. These cases show that the judgment of the European Court of Human Rights stating the violation of the right to education and the award of the symbolic just satisfaction are not sufficient for the effective protection of the right to education of ethnic minorities. The paper shows that violation of the right to education of ethnic minorities are always related to racial discrimination. This fact must be taken...
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Right to education under European Convention for the Protection of Human Rights and Fundamental Freedoms and Czech Republic
Zelnerová, Eliška ; Bayerová, Monika (advisor) ; Flídrová, Eliška (referee)
1 Right to education under European Convention for the Protection of Human Rights and Fundamental Freedoms and Czech Republic Abstract: This thesis deals with the issue of protection of the right to education. It focuses on the conception of the right to education defined by the European Convention for the Protection of Human Rights and Fundamental Freedoms. It also compares the article concerning the right to education with other international documents concerning human rights protection such as Charter of Fundamental Rights of the European Union and Convention on the Rights of the Child. It partly examines the definition of this right under the Czech law. The thesis especially pays attention to the case of the Grand Chamber D.H. and others versus Czech Republic, since it is the only decision of European Court of justice concerning right to education which found Czech Republic in breach of the Convention. The aim of this thesis was to find out what influence had this decision on the Czech Republic as well as other member states of the Council of Europe and whether It was succesfully implemented into the Czech legal system. This decision is significant not just for the Czech Republic. It has shed light on the issue faced by many European countries. It became a pilot judgment and was followed by other...
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Indirect discrimination against contractors in public tenders
Přindiš, Petr ; Horáček, Tomáš (advisor) ; Liška, Petr (referee)
Indirect discrimination against contractors in public tenders ABSTRACT This thesis deals with the legal regulation of public procurement and focuses on the issues of indirect discrimination of contractors in public tenders and the fact that some economic operators cannot participate in procurement procedures due to unjust obstacles to competition laid down by the contracting authorities. One of the main principles of procurement, principle of non-discrimination is described in detail with a use of opinions of stated by the national courts, the Court of Justice of the European Union and in the decisions of the Office for the Protection of Competition in particular. The author of the thesis tries to describe the means of indirect discrimination that occurred in the past procurement procedures within the area of European Union. Discriminatory behavior of the contracting authorities is captured in a comprehensible way and the author shows practical examples to the reader. That all helps to illustrate why the contracting authority's specific behavior was not in compliance with the rules set out in public procurement. It is the analysis of the decision-making practice of the Office for the Protection of Competition, case-law of the national courts and the European Court of Justice that provides an insight into...
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Conscientious objection in European law
Dušek, Petr ; Scheu, Harald Christian (advisor) ; Wintr, Jan (referee)
This thesis is aimed on the social phenomenon of conscientious objection, its theoretical perception as a legal concept and application in the real world, in particular by the supranational protection of human rights in the European area. Priority concern will be given to the transposition of the general assessments to the special "habitat" of EU law. The basis of the study is built on an analysis of definitions and categories refined by the doctrine and reinforced by the roots of natural law, both of which also serve to determine the methodology and legal perception of conscientious objection. A short study of the Czech law then follows to "pump the theory in legal veins". Large part of the thesis addresses the case law adopted by the European Court of Human Rights which serves as an inspiration and authority for the Union and its Member States. Abstracting the main trends in ECtHR reasoning the thesis draws basic limits laid down by the international protection. It also concludes that the Convention (ECHR) does not preclude developing its own pro or contra- objection approach by the EU institutions. It is, however, supposed to have a great impact on the Unions' legal "technique" in the field of the freedom of thought, conscience and religion. In the context of EU law the special nature of the...
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