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Collective Actions of the UN Security Council for Protection of Human Rights
Chrtová, Michaela ; Bílková, Veronika (advisor) ; Honusková, Věra (referee)
This thesis Collective Actions of the UN Security Council for the Protection of Human Rights deals with, as the title suggests, collective actions for the protection of human rights with the mandate of the UN Security Council. The thesis is divided into an introduction, conclusion, and four chapters. In the first chapter, the system of human rights protection is described, as it was set up within the newly-formed United Nations after World War II. This chapter also deals with collective actions of the UN Security Council, with or without the use of force, on a theoretical level, e.g. their authorization and possibility of measures that can be taken within the UN system against the perpetrator. Second chapter deals with examples of collective actions of the UN Security Council during the Cold War period. In this era, collective actions of the UN Security Council were authorized only twice, in case of South Africa as a reaction to their policy of apartheid, and in case of South Rhodesia as a reaction to the unilateral declaration of independence by the white minority government. Both cases are described in the chapter. The following chapter describes the development of human rights theories after the end of Cold War. With the end of the bipolar system, there is a shift in the perception of human...
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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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Provisional measures in international human rights law
Zaydlar Hodysová, Petra ; Faix, Martin (advisor) ; Lipovský, Milan (referee)
Provisional Measures in International Human Rights Law Abstract Whenever human rights are at stake there should be quick response of the authority dealing with the situation. Provisional measures can therefore be useful tool how to prevent irreparable harm. The aim of my rigorous thesis is to complement my diploma thesis and to analyse provisional measures indicated by various human rights adjudicators from different continents. Main focus is put on legal provisions empowering international courts and quasi- judicial organs to indicate provisional measures, examining whether provisional measures are legally binding, exploring the extent to which international forums indicate provisional measures, highlighting some specific types of provisional measures and examining whether we can answer the question whether addressees do implement issued provisional measures in proper manner. The approach is description with elements of comparison. The thesis is composed of six chapters. Chapter one is introductory and defines the concept of provisional measures and its main characteristics and conditions for use. Chapters two to five are dealing with various courts and quasi-judicial organs on the universal level and in Europe, Africa and the Americas. Chapter two is subdivided into two parts. Part one examines...
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The Enforceability of Decisions and Compliance with Judgments of the Inter-American Court of Human Rights
Mezenský, Martin ; Faix, Martin (referee)
The Enforceability of Decisions and Compliance with Judgments of the Inter- American Court of Human Rights (Mgr. Martin Mezenský) Abstract The diploma thesis explores the enforcement mechanisms and compliance with decisions of the Inter- American Court of Human Rights. It defines both normative and institutional base of the tribunal and discusses the types of issued decisions. It analyses the compliance process and means of enforcement of such decisions. It is focused on the success of and obstacles in the implementation of ordered obligations by the liable states as well as the binding nature of judgements against states which have not been a party of dispute. It compares the position of the Inter-American Court of Human Rights with the European Court of Human Rights regarding these topics. Eventually, it evaluates the researched processes and offers recommendations how to reinforce the actual mechanisms. Key words Inter-American Court of Human Rights; Enforceability; Compliance; Decision; Judgements; Human Rights Protection; American Convention on Human Rights
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Venice Commission's Contribution to Development and Protection of Fundamental Human Rights
Illková, Natalie ; Bílková, Veronika (advisor) ; Tymofeyeva, Alla (referee)
The topic of this diploma thesis is European Commission for Democracy through Law, i.e. Venice Commission, and its work. The Venice Commission is an advisory body on constitutional matters of the Council of Europe. The Commission provides legal advice to its member states in the fields of democracy, human rights and the rule of law. The goal of this thesis is to determine whether Venice Commission's human rights agenda makes a substantial contribution to the human rights protection and if it does, then in what ways, i.e. what means it uses and to what extent are they effective. This diploma thesis is divided into seven parts, which are then further subdivided into chapters. In Part 1, the Venice Commission is introduced - with an emphasis on its structure and members. The following part continues to describe the different types of Venice Commission's activities and authored documents. In these documents, the Venice Commission provides states with legal advice on how to unify their legislation with the European standards of human rights protection. Part 3 records the 30-year development of this international body. In the next parts, the work focuses on the Venice Commission's activity in Europe and other regions. The text analyzes which systems of human rights protection are deployed in different...
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Respect and observance of human rights in the Russian Federation from the perspective of the European Union
Zingerová, Alina ; Zemanová, Štěpánka (advisor) ; Trávníčková, Zuzana (referee)
The diploma thesis deals with the issue of respect and protection of human rights in the Russian Federation, with particular emphasis on the European view on this topic. Within the content of the thesis is the presentation and explanation of the difference between the approach of the Russian Federation and the European Union to the protection of human rights based on the application of two different theories of access policy - the theory of commitment and the theory of compliance. The thesis focuses mainly on political and civil rights and freedoms, and submits the main factors behind the Russian approach to the protection of human rights and the current situation of human rights in the Russian Federation. The aim of the thesis is presentation and evaluation of different approaches to the protection of human rights of the Russian Federation and the European Union by applying the theory of commitment and the theory of compliance, and to highlight the main causes that lead to the current human rights situation in the Russian region.
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The municipality as a public guardian
Kapičková, Kateřina ; Dobiášová, Karolína (advisor) ; Angelovská, Olga (referee)
Dissertation deal with custodianship of adult persons who are, on the ground of court order, limited their own no legal competention. The main purpose is to describe and explain institutional care adjustment to persons who are limited their legal capacity, and thus give an explanation of public custodianship in the Czech Republic. Custodianship of adult person is set in Civil Code, num. 89/2012, which has brought changes into assessment of legal competention of adult persons. In case, there is no family member who is able to care of no legal competention person, the court enact the village, where is person's permanet address, to be his carer. Public custodianship legislation has been missing up to now, the only document that has been given to help self -government clerks is methodical manual. Besides describing no legal competention care of persons in ny dissertation, I engage in identification problems and putting public custodianship into practise. I identify daily problems of administration workers relating to public custodianship. In empirical part, using qualitative form of research, I interview workers in Liberec district, who work in area of local custodianship.
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Collective Actions of the UN Security Council for Protection of Human Rights
Chrtová, Michaela ; Bílková, Veronika (advisor) ; Honusková, Věra (referee)
This thesis Collective Actions of the UN Security Council for the Protection of Human Rights deals with, as the title suggests, collective actions for the protection of human rights with the mandate of the UN Security Council. The thesis is divided into an introduction, conclusion, and four chapters. In the first chapter, the system of human rights protection is described, as it was set up within the newly-formed United Nations after World War II. This chapter also deals with collective actions of the UN Security Council, with or without the use of force, on a theoretical level, e.g. their authorization and possibility of measures that can be taken within the UN system against the perpetrator. Second chapter deals with examples of collective actions of the UN Security Council during the Cold War period. In this era, collective actions of the UN Security Council were authorized only twice, in case of South Africa as a reaction to their policy of apartheid, and in case of South Rhodesia as a reaction to the unilateral declaration of independence by the white minority government. Both cases are described in the chapter. The following chapter describes the development of human rights theories after the end of Cold War. With the end of the bipolar system, there is a shift in the perception of human...
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International law protection of human rights in the field of the environment
Bláhová, Barbora ; Hýbnerová, Stanislava (advisor) ; Lipovský, Milan (referee)
The aim of this diploma thesis is the analysis of the connection between the protection of human rights to environment of the certain quality and the protection of the environment itself. The diploma thesis is divided into three chapters. The first chapter is focused on theoretical basis of the topic, especially the relation between two areas of law - international environmental law and human rights law, concerns advantages and disadvantages of the approaches to this topic, and definitions of the most important terms, including different use of these terms by the individual authors. The second chapter outlines the evolution of these rights in the hard law and soft law universal international agreements with the overlap into the regional systems of human rights protection. The first part of this chapter relates to the documents about substantive rights and the second part examines the procedural documents with special reference to the Aarhus Convention. The third chapter analyzes the case law of the European Court of Human Rights in detail; this chapter is divided into three parts. The first one contains the explanation of the common features of decisions connected to the protection of environmental human rights. The second one describes the evolution of environmental case law connected to the...
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