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Targeted liquidations as a means of fight against terrorism
Peterová, Jana ; Honusková, Věra (advisor) ; Scheu, Harald Christian (referee)
Within the fight against terrorism, conflicts may arise between the interest of the state to maximize the effectiveness of methods of combating terrorism and the international standard of human rights. One of the methods that some states carry out to combat terrorism is targeted killing. Legitimate effort of states to suppress terrorism and may not lead to violations of human rights. The thesis aims to answer the question: "Is targeted killing a permissible method of combating terrorism, in terms of the lex lata of human rights law, humanitarian law and rules for the use of force between states?" Regarding the methodology of the thesis I was inspired by the books: "Vědecká propedeutika pro právníky" by Viktor Knapp," Metodologie vědy" by František Ochrana and "Jak studovat politiku" by Peter Drulák. The thesis consists of four chapters. The objective of the first chapter is descriptive. The first chapter should clarify the terminology and content of key concepts. The content of the second chapter is an analysis of the legality of targeted killings under human rights law. The third chapter examines the conditions of legality of targeted killings in humanitarian law. Chapter Four deals with the admissibility of targeted killings in the light of law of interstate force. Through an analysis of...
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The status and role of new human rights in international law
Kalenská, Petra ; Honusková, Věra (advisor) ; Bílková, Veronika (referee)
Status and Role of New Human Rights in International Law This diploma thesis compares three methods which have been used so far in the creation of new human rights in international law. The first chapter establishes the theory of the creation of new human rights in international law. It is claimed that all new human rights have been created by one of the following three methods: the adoption of an international treaty; the interpretation of an internetional treaty; or the adoption of a declaration. The second chapter provides definitions of a notion of human rights and determines a notion of new human rights as those rights which are not expressed in the International Bill of Human Rights. The distinction of human rights by generations is rejected. The third chapter summarizes the sources of international human rights law, which are international treaties, international custom and general principles of international law. Further, the third chapter shows the significance of peremptory norms and soft law instruments for international human rights. The fourth chapter deals with the first method of creating new human rights, i.e. adoption of international treaty. This method is presented through the Convention on the Rights of Persons with Disabilities and the right to live in community. The formulation...
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Ethical Aspects of Restriction of Free Movement in the Course of Providing Social and Health Care
Lukasová, Marie ; Holmerová, Iva (advisor) ; Ivanová, Kateřina (referee) ; Haškovcová, Helena (referee)
M. Lukasová: Ethical Aspect of Restriction of Free Movement in the Course of Providing Social and Health Care Abstract In the course of providing social and health care, the providers on occasions resort to measures which limit the person's freedom of movement with the aim to prevent a harm to their life or health. Depending on the circumstances it involves a more or less invasive intervention - sometimes it is immediate and includes use of force in the situation of conflict and aggression management, other times it is rather a long-term nursing practice, for instance focused on fall prevention. Restraining is connected with the risk of considerably negative effects on health of a patient/service user. Therefore some authors doubt whether the use of restrictive intervention is ethical and lawful, and it is seen as inhuman and degrading treatment. Nevertheless, the most widespread approach accepts restrictive interventions as a measure of last resort (ultima ratio) providing that the principles of necessity and subsidiarity are respected. In the Czech Republic the public and professional debate is not sufficient and the use of restrictive interventions is not subjected to the state inspection. The human rights monitoring of persons held in health and social care institutions reports cases of restrictions...
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Ethical Aspects of Restriction of Free Movement in the Course of Providing Social and Health Care
Lukasová, Marie ; Holmerová, Iva (advisor) ; Ivanová, Kateřina (referee) ; Haškovcová, Helena (referee)
M. Lukasová: Ethical Aspect of Restriction of Free Movement in the Course of Providing Social and Health Care Abstract In the course of providing social and health care, the providers on occasions resort to measures which limit the person's freedom of movement with the aim to prevent a harm to their life or health. Depending on the circumstances it involves a more or less invasive intervention - sometimes it is immediate and includes use of force in the situation of conflict and aggression management, other times it is rather a long-term nursing practice, for instance focused on fall prevention. Restraining is connected with the risk of considerably negative effects on health of a patient/service user. Therefore some authors doubt whether the use of restrictive intervention is ethical and lawful, and it is seen as inhuman and degrading treatment. Nevertheless, the most widespread approach accepts restrictive interventions as a measure of last resort (ultima ratio) providing that the principles of necessity and subsidiarity are respected. In the Czech Republic the public and professional debate is not sufficient and the use of restrictive interventions is not subjected to the state inspection. The human rights monitoring of persons held in health and social care institutions reports cases of restrictions...
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The status and role of new human rights in international law
Kalenská, Petra ; Honusková, Věra (advisor) ; Bílková, Veronika (referee)
Status and Role of New Human Rights in International Law This diploma thesis compares three methods which have been used so far in the creation of new human rights in international law. The first chapter establishes the theory of the creation of new human rights in international law. It is claimed that all new human rights have been created by one of the following three methods: the adoption of an international treaty; the interpretation of an internetional treaty; or the adoption of a declaration. The second chapter provides definitions of a notion of human rights and determines a notion of new human rights as those rights which are not expressed in the International Bill of Human Rights. The distinction of human rights by generations is rejected. The third chapter summarizes the sources of international human rights law, which are international treaties, international custom and general principles of international law. Further, the third chapter shows the significance of peremptory norms and soft law instruments for international human rights. The fourth chapter deals with the first method of creating new human rights, i.e. adoption of international treaty. This method is presented through the Convention on the Rights of Persons with Disabilities and the right to live in community. The formulation...
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Targeted liquidations as a means of fight against terrorism
Peterová, Jana ; Honusková, Věra (advisor) ; Scheu, Harald Christian (referee)
Within the fight against terrorism, conflicts may arise between the interest of the state to maximize the effectiveness of methods of combating terrorism and the international standard of human rights. One of the methods that some states carry out to combat terrorism is targeted killing. Legitimate effort of states to suppress terrorism and may not lead to violations of human rights. The thesis aims to answer the question: "Is targeted killing a permissible method of combating terrorism, in terms of the lex lata of human rights law, humanitarian law and rules for the use of force between states?" Regarding the methodology of the thesis I was inspired by the books: "Vědecká propedeutika pro právníky" by Viktor Knapp," Metodologie vědy" by František Ochrana and "Jak studovat politiku" by Peter Drulák. The thesis consists of four chapters. The objective of the first chapter is descriptive. The first chapter should clarify the terminology and content of key concepts. The content of the second chapter is an analysis of the legality of targeted killings under human rights law. The third chapter examines the conditions of legality of targeted killings in humanitarian law. Chapter Four deals with the admissibility of targeted killings in the light of law of interstate force. Through an analysis of...
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