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Czech Republic as a Laic State
Karola, Petr ; Pavlíček, Václav (advisor) ; Bartoň, Michal (referee) ; Reschová, Jana (referee)
1 Název disertační práce, abstrakt a 3 klíčová slova v anglickém jazyce Czech Republic as a Laic State Abstract The dissertation on The Czech Republic as a Laic State focuses on the complicated relationship between the Czech state, churches, and religious societies, which on one hand symbolizes centuries of efforts trying to separate the state from the churches (especially the Roman Catholic one) and on the other hand a long struggle for religious freedom. Its main research question is whether the Czech Republic is a laic state. Despite its obvious importance and topicality, this topic is not much addressed in contemporary Czech constitutional law theory. The thesis is divided into six extensive chapters containing both constitutional and state law aspects of the relationship between the state and churches, as well as human rights theory concerning religious freedom. An extensive historical and legal analysis of history has not been omitted as well. In the second chapter, the reader will thus learn what the principle of laïcité is, from which the present model of the laic state has developed, and what its roots are. There is also discussed the key terms like secularization and desecularization. The third chapter is devoted to the theoretical foundations of the thesis. It is dedicated to the analysis of...
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Legal regulation of provision of spiritual care in the armed forces of the Czech Republic
Chalupa, Jan ; Horák, Záboj (advisor) ; Tretera, Jiří Rajmund (referee)
Legislation of the provision of spiritual care in the armed forces of the Czech Republic The thesis deals with the legislation of the provision of spiritual care in the armed forces of the Czech Republic, a subject of the field of religion law. Spiritual care in the armed forces is a manifestation of religious freedom provided in the Czech Republic by a system of legal sources of various legal powers. The aim of this thesis is to analyse all these sources, describe their relationship and evaluate the way in which they ensure the exercise of religious freedom in the structures of the armed forces of the Czech Republic. The work is divided into ten chapters. The first chapter explains basic terminology. It explains the concept of spiritual care and the concept of the armed forces of the Czech Republic. The second chapter is devoted to the content of spiritual care in the armed forces and the reasons for its existence. Its subject is therefore a description of the activities by which spiritual care is carried out in the environment of the armed forces. The third chapter describes the organization of the Czech Armed Forces, their division and the tasks that are entrusted to individual components. The following chapters are henceforth devoted to legal norms. Legal norms of the same kind are discussed in...
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Freedom of worship - its constitutional and statutory regulation and reflection in the caselaw of the Constitutional Cour
Popelková, Martina ; Hofmannová, Helena (advisor) ; Suchánek, Radovan (referee)
This thesis aims to analyze legislation of the Czech legal order concerning religious freedom. The work is divided in two parts. The first part of the thesis deals with the definition of religious freedom in the first place. Afterwards the thesis describes the Constitutional law relating to the religious freedom (especially the Article No. 15 and No. 16 of the Charter of the Fundamental Rights and Freedoms of the Czech Republic), international conventions relating to the theme (e.g. The Universal Declaration of Human Rights, The International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights etc.) and further statutory provisions and legislative rules guaranteeing religious freedom in the Czech Republic. Major part of the thesis relating to the statutory provisions and legislative rules deals with the act No. 3/2002 Coll., on Freedom of religion and the status of churches and religious societies, as amended. The act No. 3/2002 Coll. constitutes basis of regularization of the freedom of religion in the Czech Republic. Various provisions of the act No. 3/2002 Coll. were subject to review of the Constitutional Court of the Czech Republic due to their unconstitutionality. The second part of the thesis discusses various decisions of the...
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A lay state - constitutional safeguards and legislative implementation
Szalonnás, Ondřej ; Suchánek, Radovan (advisor) ; Pavlíček, Václav (referee)
This dissertation deals with the relationship between state and religions as social phenomena and examines it from several perspectives in order to review the meaning of the term "lay state." In the first chapter, it analyses the common history of states and religions, describes the important role of religion in the ancient states and then focuses on the rise of Christianity and its spread in the Roman Empire, its role after the fall of Rome and in the formation of the new social and state structure of Europe. It discusses the fight for supremacy between Popes and Emperors and the fall of the temporal power of the church. It suggests that neither religion, nor states can prevail over each other because of their different nature. The church failed in its attempt to usurp temporal power over states, and so did the totalitarian states of the twentieth century in their aspiration to annihilate religion and to substitute it with their atheistic ideologies. In the next chapter the dissertation examines international documents concerned with the human rights, especially with the freedom of religion. It describes the shift in its perception: initially viewed as a domain the states should not interfere in, is now accepted as a domain that gives rise to several positive obligations that are incumbent on states to...
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Religious Freedom in Democratic Rule of Law State
Řepa, Karel ; Hofmannová, Helena (advisor) ; Molek, Pavel (referee) ; Wintr, Jan (referee)
Název disertační práce, abstrakt a 3 klíčová slova v anglickém jazyce Title: Religious Freedom in Democratic Rule of Law State Abstract: The dissertation deals with the topic of religious freedom in a democratic rule of law state, namely from the perspective of constitutional theory and human rights theory as well as it reflects selected current problems of religious freedom protection in the context of Western societies. It thus contributes to the domestic legal discourse which traditionally focuses on religious freedom issues rather marginally. In the area of constitutional theory, it attempts to answer the question of general link between the modern state and religion, and the concept of a democratic rule of law state and religion. It seeks answers through a system theory conceiving both the state and religion as social systems whose fundamental differentiation is between sacred and profane. Their extreme conflict is conceived as a dispute over sovereignty, which is, in the reality of a democratic rule of law state, settled primarily through the institute of religious freedom. Based on this the thesis maps the development of modern constitutionalism and its relation to religion and formulates the basic position of religion in the system of a democratic rule of law. The second part of the thesis focuses...
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Current Frame of Religious Freedom in the System of European Protection of Human Rights
Jekielek Henzl, Barbora ; Scheu, Harald Christian (advisor) ; Forejtová, Monika (referee) ; Lipovský, Milan (referee)
Current Frame of Religious Freedom in the System of European Protection of Human Rights Abstract This thesis deals with the topic of protection of Freedom of Religion in the System of European Protection of Human Rights. It begins with a description of the formulation of this freedom in the Convention for the Protection of Human Rights and Fundamental Freedoms, Charter of Fundamental Rights of the European Union and the legal systems of Germany, Austria and Czech Republic. The legal systems of Germany and Austria are very close to the Czech one, therefore the acquired knowledge might become an inspiration for considerations of possible future legislative changes in the Czech Republic (also considering that while the integration of other cultures is still a relatively new topic in here, the above mentioned other states have already much more experience on this field). Another reason why this choice was made is also a wide range of interesting court decisions concerning the topic of this thesis mainly in Germany, but also in Austria. The description of the formulation of the Freedom of Religion in general is followed by the theoretical description and praxis of teaching Religion at public schools in the above stated countries. It is obvious from the comparison of the praxis in the aforementioned states that...
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Religious symbols in the case-law of European courts
Hnátová, Barbora ; Scheu, Harald Christian (advisor) ; Lipovský, Milan (referee)
The issue of religious symbols in European public has become very often discussed by lawyers, politicians and sociologists as well as by the lay public. This diploma thesis is trying to contribute to these discussions by comparison of case-law of European courts in the cases concerning religious symbols. The thesis therefore analyses the legal sources providing protection of religious freedom and the individual decisions of European courts regarding the presence of religious symbols in public. The thesis is divided into five chapters. The first chapter is providing the detailed analyse of the protection freedom of religion in European Convention on Human Rights and in the primary law of European Union. Then, it explains the principles of secularism and state neutrality and describes the models of relations between state and religion in Europe. The chapter two contains the introduction to the issue of religious symbols in public. The notion of "religious symbol" and "public" in the context of law is explained there. Further, it focuses on the limitations of religious symbols in public and the prohibition of concealment enacted in some of European countries. In chapter three, the cases of religious symbols in public schools are presented. The majority of European states has an interest in preserving...
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