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Death penalty and the waiver of the right to life by committing an extremely serious crime
Neradová, Kateřina ; Bílková, Veronika (advisor) ; Ondřej, Jan (referee)
The aim of this thesis is to define, what is the position of right to life in the system of protection of human rights and whether is the death penalty a justifiable institute in international human rights law. The thesis focuses on the death penalty and its history in connection with the right to life as an inherent human right. It explores the conventions, protocols and resolutions that are related to the matter. The thesis is divided into seven chapters, whereas first of them is introduction, where the author asks questions about vindicability of the capital punishment. That is followed by a brief history of the death penalty and explanation of the purpose of the punishment. Following chapter looks into a view of international society on the death penalty, summing up views of international governmental organizations, as well as non- governmental. Fundamental part of the thesis is a chapter disserting on the right to life, its history, where we can find right to life in international law, interpretation of right to life and case law. Last chapter deals with an issue of a crime as an act of forfeiting the right to life. The analysis consists of criticizing the conclusions made in the course of the thesis and propositions of further possibilities.
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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 right to life and capital punishment
Caletka, Lumír ; Suchánek, Radovan (advisor) ; Reschová, Jana (referee)
Resumé The right to life and the capital punishment Death penalty or capital punishment, or extreme penalty, is a punishment that assumes killing (or execution) of condemned person for a criminal offence provided it is possible to impose this sentence in accordance with the criminal law in force. At former times these crimes were called capital or hanging crimes. With regard to its definitiveness (impossibility of any redress after its execution) it is very controversial punishment. Its supporters argue that it is the sole just sentence for homicide and other felonies, that it excludes recurrence and it has significant deterrent (preventive) effects. On the other hand, the opponents allege not only moral arguments concerning the right of each person to life but they also mention the danger of judicial error which is incorrigible in this case. Furthermore, the objectors point out that the death sentence is not so intimidating. In addition, the costs of the execution use to be more expensive than life imprisonment. Since 1970s the capital punishment has been gradually cancelled in the majority of European and South American countries. Some states of the USA and the People's Republic of China are among countries that still make practise of the death penalty. I deal with the capital sentence in the first part...
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The right to life guaranteed by the European Convention for the Protection of Human Rights and Fundamental Freedoms.
Divoká, Simona ; Šturma, Pavel (advisor) ; Hubálková, Eva (referee)
Title: The right to life guaranteed by the European Convention for the Protection of Human Rights and Fundamental Freedoms Author: Simona Divoká Department: Department of international law Supervisor: prof. JUDr. Pavel Šturma, DrSc. Abstract: The thesis is mainly focused on the interpretation of the article 2 of the Convention which guarantees one of the most important human rights, the right to life. In the first part of the thesis I deal with the European Convention on Human Rights, especially its aplication to be clear when the violation of the Convention is possible. Then I concentrate on the functioning of European Court of Human Rights which was constituted for the purpose to execute the control of compliance with rights and liberties guaranteed by the Convention and Additional Protocols to the Convention which contracting states obligate to fulfill. Then I handle the interpretation of the article 2 of the Convention and I try to describe with the help of judicature of the Court which obligations must be fulfilled by the contracting states and how the contracting states must behave to comply with the Convention. Substantive and procedural obligations give rise to contracting states. These obligations can be divided into positive and negative obligations. I continuously describe these...
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Targeted killing as a means of the fight against terrorism
Kučera, Tomáš ; Hýbnerová, Stanislava (advisor) ; Bílková, Veronika (referee)
In recent decades we can watch heated debates on the legal and moral permissibility of State-sponsored targeted killings involving representatives from Governments, academic circles, military and police forces, intelligence services, human rights groups, humanitarian institutions, intergovernmental organizations a and the mass media. These debates are even more intense after the killing of Osama bin Laden, leader of the terrorist group Al Qaeda, in May 2011. The aim of the thesis is to answer to the question: Are targeted killings a permissible method of fight against terrorism? The legality of targeted killings is analyzed in term of lex lata international law, namely under human rights law, international humanitarian law and law of international security. The thesis is composed of six chapters. Chapter One defines basic terminology used in the thesis. The Chapter is subdivided into two parts. Part One defines the concept of targeted killings. Part Two defines the notion of terrorism. Chapter Two examines the legality of targeted killings in term of law of international security. Chapter Three describes the parallel application of human rights law and international humanitarian law. Chapter Four analyzes the legality of targeted killings under human rights law. The Chapter is subdivided into two...
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Right to live vs. unnatural termination of life
Dupáková, Petra ; Hendrychová, Michaela (advisor) ; Šustek, Petr (referee)
The aim of this thesis is to clarify the concept of the right to life in the legislative in the Czech Republic and in abroad with a comparison with its unnatural end, while abortion and euthanasia. This work is primarily devoted to law regulation of these institutes, but also covers other aspects such as religion, philosophy and science. It is designed so that each and every chapter is in its introductory section devoted to the formulation of the topic, the historical development in the Czech Republic but also abroad, it introduces the possible procedures and attitudes, it mentions for example and briefly compares similar institutes. Other parts of the diploma deal with legislation whether the right to life, abortion or euthanasia, provides comparison of domestic legislation with internationals. In light of the judgments of the European Court of Human Rights points the views and attitudes on the subject at the international level. The final section is then evaluated core issues especially from the standpoint of law.
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Protection of personal rights
Fízeľová, Táňa
The theme of rights to protection of personality of natural person as individuality and sovereign is not only nowadays really actual topic reflecting gradual changes of social and political development of the society. Czech Republic proceeds due to influence of changes of political environment the journey of transformation of social and economical relationships. The rights to the protection of personal rights pertains to every natural person from internal nature of her existence and consequently they have important position in the system of civil law which guarantees sufficient and effective protection by means of protecting instruments, in particular by means of judicial protection. Nevertheless it is necessary to enunciate that social relationships are various so far, that frequently it is not in power of legislator to involve all human acting by enumerative legal regulation. This imperfection may of course mean gaps in legislation, and in addition legal rules are often ambiguous and systematically unelaborated. Writing of this dissertation thesis illuminates the fact that the field of rights to protection of personality which comprehends wide extent, because human being itself as natural person, who is entitled to these rights, is elementary object of inexhaustible human research for...
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Invisible subjects of human rights
Svárovská, Gabriela ; Sokol, Jan (advisor) ; Moree, Dana (referee) ; Kandert, Josef (referee)
The idea of universal applicability of human rights has been a symbol of hope that peace and justice in the world is possible, since the late 1940s. Although it is a fiction, and anthropology can proof this bringing countless evidence, strong general awareness of this idea still inspires many in their strive for freedom and dignity as well as opposition to violence. The aim of this thesis is to bring two controversial examples, illustrating how and why value-driven struggle for promotion of human rights fails. The aim is nevertheless not to compromise this noble idea but to contribute to its more thorough understanding as well as more effective implementation. A chapter on so called female genital circumcision (also known as female genital mutilation) offers critical analyses of the international campaign for eradication of this practice, led by international feminist movement since the late 1970s. The attention is drawn mainly to manipulation of facts and unfair argumentation, thanks to which the so called female genital circumcision was labelled cruel practice of backward societies serving degradation and control of women, making more structured understanding of reality impossible. A chapter dedicated to abortion tries to see political and cultural influences hidden under the surface of debate on...
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Euthanasia and Criminal Law
Karásková, Barbora ; Sovová, Olga (advisor) ; Císařová, Dagmar (referee)
The thesis deals with legal aspects of euthanasia with special focus on criminal law context. It is divided into four broad chapters. First chapter defines terms that need to be understood perfectly for further work on the topic. Therefore, it deals with the term "euthanasia" and its division into active and passive euthanasia, direct and indirect, requested and unsolicited. There are also mentioned some related institutes such as dysthanasia, palliative and hospice care and assisted suicide. Last but not least, this chapter presents some arguments for and against euthanasia. Second chapter is devoted to legislation in foreign countries where euthanasia (or assisted suicide) has been legalized. Wider context of foreign legislation is important for realizing the consequences that possible legalization of euthanasia in the Czech Republic would bring. It can be clearly seen on the example of individual foreign states what legalization of euthanasia entails, how stringent the conditions that a request for termination of life has to meet are, and ultimately, we can decide whether we tend to endorse the legalization of euthanasia or go in the opposite course. Third chapter focuses on the merit of the matter, which is the legal regulation of euthanasia in the Czech Republic and the context of...
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