My thesis deals with the child's right to know his or her genetic origin. It is a universal human right guaranteed by the Convention on the Rights of the Child. The Article 7, paragraph 1 states that every child has a right to know his or her parents, if possible. European Court of Human Rights repeatedly postulated that the right to know one's origin is an integral part of the right to respect for private and family life provided by the Article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms. The purpose of my work is to explain on particular problems, to what extent is this right respected in the Czech Republic, in conformity with its international obligations. The text is based on valid legal status to June 21, 2011, with regard to proposed changes in the upcoming adoption of the new Civil Code. The text is systematically divided into seven chapters. The first chapter is focused in general on the right to know one's own origin in the human rights dimension. The following chapters examine particular relevant sections of family law and its imperfections. Firstly, I discuss the issue of determination and denial of parenting with an emphasis on emerging deliberate disharmony between biological and legal parenthood. Furthermore, I focus on the issue of adoption,...

Copyright is essentially the right of the rightsholder of an original work to prohibit others from making or distributing unauthorised copies of his or her work. More specifically for this dissertation, when an end user deals with digital content, one of the aims of copyright becomes the balancing of the conflicting interests in ‘exclusivity’ on the one hand, and in ‘access to information’ on the other. Exclusivity is achieved by the rightsholders through technological protection measures to protect their commercial interests. Access to information is achieved where works are available to the general public without payment and technological protection measures and where the digital content is not directly marketed for commercial gain. Exclusivity and access to information are two conflicting cultures surrounding copyright in the digital era. It is submitted that unless we find a socio-economic-legal way for the dynamic coexistence of these two conflicting cultures by means of fair dealing, the culture of exclusivity will eventually dominate fair access to information. The transient nature of digital content means that rightsholders have little or no control over their works once the end user has obtained a legal digital copy of the work. The right ‘to prohibit’ end users from copying and distributing unauthorised copies is, therefore, largely meaningless unless a legal or other solution can be found to discourage end users from the unauthorised reproduction and distribution of unauthorised copies of the work. Currently, technological protection measures are used to manage such digital rights because legal permissions within the doctrine of fair dealing for works in printed (analogue) format are inadequate. It is, however, submitted that a legal solution to discourage end users from copying and distributing unauthorised copies rests on two pillars. Firstly, the solution must be embedded in state-of-the-art digital rights management systems and secondly the business model used by publishers, and academic publishers in particular, should change fundamentally from a business-to-consumer model to a business-to-business model. Empirical evidence shows that the printing of e-content will continue to be relevant far into the future. Therefore, the management of fair dealing to allow for the printing of digital content will become increasingly important at educational institutions that use e-books as prescribed course material. It is submitted that although the origination cost of print editions and e-books correspond, the relatively high retail price of e-books appears to be based on the fact that academic publishers of digital content do not have the legal or digital rights management tools to manage the challenges arising from the fair dealing doctrine. The observation that academic publishers are reluctant to grant collecting societies mandates to manage the distribution of digital content, and/or the right to manage the authorised reproduction (printing) of the digital content, supports this hypothesis. Ultimately, with technologies at our disposal, the fair use of content in digital and print format can be achieved because it should simply be cheaper to comply with copyright laws than to make unauthorised digital or printed copies of content that our society desperately needs to make South Africa a winning nation. / Mercantile Law / LL. M.