Comparison of the Control Mechanisms of the International Protection of Human Rights This Diploma Thesis deals with the Control Mechanisms in the field of International Protection of Human Rights. In this Diploma Thesis are introduced universal and regional control mechanisms and they are analysed with respect to their functioning. The aim of this Thesis is the comparison of the control mechanisms in the several aspects, especially in the terms of their efficiency, and their evaluation based on the undertaken comparison. Another purpose is to answer the question whether or not we have in the contemporary International Law functional control mechanisms of the protection of human rights and which of them can be seen as the most effective. The comparison in this Thesis emphasis on the possibility of the individual complaints. The comparison includes the formal aspects of monitoring bodies, their regulation in the relevant treaties and analysis of their functions and their efficiency. In Thesis are included and evaluated also available statistical data concerning e.g. the number of ratifications or the number of individual complaints which were lodged before the monitoring body. With respect to the topic, the Thesis is divided into the three chapters. The first chapter deals with the brief introduction...

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...

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...

L'étude de la réception du droit international des droits de l'homme au Sénégal renvoie à l'examen des procédures constitutionnelles d'insertion des normes conventionnelles dans le droit sénégalais. C'est une organisation marquée par un dualisme entre les principes de droit international qui servent ici de sources d'inspiration conceptuelle, et le droit interne qui définit de manière souveraine les conditions d'introduction et de validité de ce droit dans l'ordre juridique national. Cette étape qui est applicable à toute norme conventionnelle ayant vocation à s'appliquer dans le droit interne sénégalais, est assez neutre puisqu'elle tient peu compte de la particularité de l'objet même de ce droit, à savoir les droits de l'homme. Cette particularité est néanmoins présente concernant les autres étapes de la réception du droit international des droits de l'homme comme son aménagement interne. La réception du droit international des droits de l'homme dépasse ainsi le cadre purement formel des procédés d'insertion d'une norme conventionnelle, pour exiger une concrétisation de son contenu dans le droit interne. Dans ce cadre, le droit international des droits de l'homme s'intègre au régime des libertés publiques reconnues par le droit national. Toutefois, la conception plus philosophique que juridique des droits de l'homme ne permet pas leur vraie protection sous ce régime. L'effectivité du droit international des droits de l'homme repose donc plus sur les garanties institutionnelles de l'État de droit sénégalais que sur un régime spécifique du droit positif. La démocratie comme philosophie politique et le droit au recours juridictionnel en sont les mécanismes généraux. En revanche, les réalités culturelles et sociales du pays altèrent leur portée, et confèrent une vraie pertinence à une démarche promotionnelle de ce droit, confiée à des acteurs publics et privés. Cette approche tout en ne dénaturant pas le caractère éminemment juridique de la procédure de réception, montre que la garantie des droits de l'homme transcende les clivages entre espace public et espace privé. / The study of international human rights law in Senegal refers to the examination of constitutional procedures of introduction of conventional norms in Senegalese law. It is an organisation marked by a dualism between the principles of international law, serving as a source of conceptual inspiration and internal law which independently defines the conditions of introduction and validity of this law in the national juridical system. This stage applies to all conventional norms in domestic Senegalese law. It is quite neutral, as it doesn't fully take into account the specificity of the purpose of the law, namely human rights. However, this particularity is still present in other stages of perception of international human rights law, as its internal organisation. In this context, international human rights law is integrated in the system of Civil Liberties recognized by national law. Nevertheless, are more philosophical than legal conception of human rights do not allow them real protection under the regime. The effectiveness of the international human rights law is therefore more based on institutional state guarantees under Senegalese law than on a specific regime of positive law. The democracy as political philosophy and the right to judicial review are main elements of the law. However, the cultural and social realities of the country alter their scope and give a real relevance to a promotion of this law entrusted to public and private parties. This approach, while not distorting the eminently legal character of the approval procedure, shows that the guarantee of human rights transcends the divide between public and private spaces.

The thesis deals with legal status of the ombudsmen in the Czech Republic and selected states of the EU. It is focused on comparison of the ombudsmen in these coutries: Slovakia, Austria, Portugal, Denmark, Great Britain and european ombudsman. The aim of this thesis is to assess the czech institution of ombudsman in comparison with the others as well as offer an insight into his job. The first chapter is focused on the ombudsman in general. The following chapters deal with the ombudsmen in given countries, their competence, power and process of investigating complaints. The final chapter deals with comparison of the obtained results.

- Asylum and refugees in the light of the case law of the European Court of Human Rights The thesis deals with issues of asylum and refugees in the context of the Convention for the Protection of Human Rights and Fundamental Freedoms and the case law of the European Court of Human Rights. The purpose of the thesis is to show a tight relationship between refugee law and protection of human rights. The text is divided into seven chapters. In the introduction, the terms asylum and refugees are distinguished and a refugee is defined according to the crucial document of international refugee law, the Convention relating to the Status of Refugees. The definition of a refugee is outlined using inclusion, cessation and exclusion clauses. The next chapter is dedicated to the rule of non-refoulement stated in the Article 33 of the Refugee Convention, which prohibits states from expelling and deporting a refugee back to a country, where his life or freedom is threatened. The following part focuses on the European Convention on Human Rights and its surveillance done by the European Court of Human Rights. This part also examines the procedural issues of dealing with complaints on breach of the European Convention on Human Rights. Key chapter six is split into subchapters according to relevant provisions of the...

This thesis focuses on the collective dimension of human rights. The focus of the interpretation is the analysis of the case law of the European Commission of Human Rights and the European Court of Human Rights. The work focuses on three rights protected by the European Convention on Human Rights. These rights are freedom of thought, conscience and religion, adjusted in Art. 9 of the ECHR, and the freedom of assembly and association, enshrined in Art. 11. The first part briefly describes the evolution of the concept of human rights. More is devoted to two different sources, which had a great influence on rather individualistic conception of human rights. This is the Reformation and the Enlightenment. It also describes the documents, in which the human rights were firstly enshrined. These are the American Declaration of Independence, the Virginia Declaration of Rights, the Charter of Rights and the French Declaration of the Rights of Man and of the Citizen. In addition, it focuses on the adoption of the first international documents containing provisions on human rights, and on whether in these conventions or declarations the collective rights are enshrined. The conclusion of the first chapter presents the definitions of collective rights and also counter- arguments which are heard against this...

The right to respect for private and family life Abstract The diploma thesis focuses on the notion of the right to respect for private and family life in the light of the Article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms. Its aim is to compile a specification of the notion, while using the significant relevant judgments of the European Court of Human Rights or the former European Commission of Human Rights. Despite the fact, that the Convention is perceived as a "living instrument" and the exhaustive definition of the rights and freedoms included is not fixed and not even possible to set, the thesis targets to assemble the mosaic of individual partial aspects, which may, under certain conditions, enjoy the protection under Article 8 of the Convention. The protection of the privacy of an individual is a topic, which is extremely actual and it is probable that its importance is going to even more rapidly increase in the next years. Since the notion of the right to respect for private and family life is a very broad concept and the extent of the diploma thesis is not capable to deal it in a whole range, I have chosen its environmental aspects as a major interest of the thesis. In spite of the fact that the Convention includes no right to a decent environment, the Court has...

Orientador: Andrei Koerner / Dissertação (mestrado) - Universidade Estadual de Campinas, Instituto de Filosofia e Ciências Humanas / Made available in DSpace on 2018-08-23T22:32:27Z (GMT). No. of bitstreams: 1 Barreira_KarenElaineSakalauska_M.pdf: 1870541 bytes, checksum: a079355088e3c6e4209facbbe6765520 (MD5) Previous issue date: 2013 / Resumo: Nas últimas décadas, em função das atribuições conferidas pela Constituição Federal de 1988 ao Supremo Tribunal Federal, as pesquisas sobre Judiciário passaram a examinar essa instituição a partir de perspectivas próprias da Ciência Política. Partindo da ideia de que as decisões dos ministros não consistem em mera atividade formal, de subsunção do fato à norma posta, mas por vezes interferem na arena política, essas pesquisas procuram delinear o papel político exercido pela Corte e apresentar o padrão decisório dos ministros no tocante a temas diversos, através da análise empírica de suas decisões. Neste contexto, esta dissertação propõe estudar o comportamento decisório dos ministros do STF em um tema inexplorado por essas pesquisas: a incorporação dos tratados internacionais de direitos humanos ao ordenamento jurídico interno. O trabalho toma como ponto de partida a Emenda Constitucional 45/2004, que introduziu nova regra e, com isso, reconfigurou o debate. Ele se dirige a analisar as posições dos ministros nas decisões após 2004, enfatizando as escolhas estratégico-normativas em seus votos e explorando a lógica da tomada de decisão / Abstract: In recent decades, due to the powers conferred by the 1988 Constitution to the Supreme Court, the researches on the judiciary began to examine the institution from the perspectives of the Political Science. Starting from the idea that the decisions of the ministers do not consist of a mere formal activity, a subsumption of the fact to the legal norm, but sometimes interfere in the political arena, this research seeks to delineate the political role played by the Court and to reveal the decision-making standard of ministers in respect to various issues, through the empirical analysis of their decisions. In this context, this paper proposes to study the behavior of Ministers decision of the Supreme Court on an issue unexplored by these studies: the incorporation of international human rights treaties to domestic law. The work takes as its starting point the Constitutional Amendment 45/2004, which introduced new rule and thereby reconfigured the debate. It turns to analyze the positions of ministers in decisions after 2004, emphasizing the strategic and normative choices on their votes and exploring the logic of decision making / Mestrado / Ciencia Politica / Mestra em Ciência Política

This thesis deals with the ban on racial discrimination and protection against it in international law and its application in the legal order of the Czech Republic. The aim of this study was to examine the provisions prohibiting racial discrimination and mechanisms of protection against racial discrimination established by various conventions on the international and European level and the status of implementation of these commitments in the legal order of the Czech Republic and their implementation. The work is divided into six chapters; the issue itself is divided into four. In the second chapter thesis provides a definition of basic terms such as equality and its subdivisions, equal treatment, discrimination, its forms and discriminatory law and how the very nature of this work is apparent as well as the terms of race, racial discrimination, racial segregation and violence. In third and fourth part are introduced systems of protection against racial discrimination in the United Nations, the Council of Europe and the European Union. The fifth chapter is concerned with Czech legislation, the process of application of the ban on racial discrimination into the Czech legal order, on the constitutional level as well as on the level of laws, which also outlines the procedural particularities of the...