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Katalog zbrodni w świetle statutu stałego Międzynarodowego Trybunału Karnego

Katalog zbrodni w świetle statutu stałego Międzynarodowego Trybunału Karnego

Author(s): Olga Niewiada / Language(s): Polish Issue: 1/2015

In the last 50 years more than 250 conflicts broke worldwide out and killed more than 86 million civilians, mostly women and children. Over 170 million people have been deprived of their dignity, rights and possessions. The majority of the victims were forgotten, and only a few war criminals were tried. The regulations existing in international law, which are prohibiting war crimes, genocide, crimes against humanity, protection of cultural heritage and, most recently aggression are not effective and not respected. To this day an effective system of enforcing those rights and bringing the individuals responsible for it to justice does not exist.

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Napĺňanie minoritných práv maďarskej menšiny na Slovensku koncom 40. rokov 20. storočia

Napĺňanie minoritných práv maďarskej menšiny na Slovensku koncom 40. rokov 20. storočia

Author(s): Soňa Gabzdilová / Language(s): Slovak Issue: Suppl./2019

The paper analyses the status of the Hungarian population in Slovakia at the end of the 1940s during the period of the Communist regime. After the deportation of the German population from Czechoslovakia during 1946 – 1947, the most numerous ethnic community not only in Slovakia but in the whole of the Republic was the Hungarian minority. The paper focuses on the fact that after reslovakisation measures adopted after the Second World War, which was the exchange of population between Czechoslovakia and Hungary, the members of the Hungarian community who stayed in the Czechoslovak Republic had no Czechoslovak citizenship, and were living on territory of the Republic as stateless people. Their property was confiscated, they could not be educated in their mother language, there was no media in the Hungarian language, and the Hungarian minority were not allowed social or cultural associations. However, subsequent changes in the political development on the European Continent with the establishment of the Soviet Eastern block and due to pressure exhorted by the leadership of the Soviet Communist Party and the Communist Party of Hungary, saw the ruling Communist Party of Czechoslovakia having to agree to fundamental changes in regard to the status of Hungarian minority members. But the process of the emancipation of the Hungarian minority was slow and only reluctantly implemented. The paper analyses positive changes which took place during the latter part of 1948 when classes with Hungarian teaching language were opened in Slovak schools and then independent Hungarian schools were established. In 1949 a cultural association named Csemadok was established and Hungarian periodicals and journals began to be published. The paper looks at the issue of the activities of the Hungarian Commission organized under the auspices of the Central Committee of the Communist Party of Slovakia, which, however, was only active for a short period of time. The paper also points to the fact that after February 1948, the members of the Hungarian minority were awarded basic minority rights, but these were limited by the nature of the totalitarian Czechoslovak regime.

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Kronika

Kronika

Author(s): Monika Martišková,Ingrid Lanczová / Language(s): Slovak Issue: 3/2018

Conference report: The Key-stone of Discrimination and the Impact of its Manifestations on the Selected Groups of Population / Podstata diskriminácie a jej prejavy s dosahom na vybranú skupinu obyvateľstva

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Dlhá cesta k právnej emancipácii ženy v rodinných a majetkových vzťahoch

Dlhá cesta k právnej emancipácii ženy v rodinných a majetkových vzťahoch

Author(s): Miriam Laclavíková,Adriana Švecová / Language(s): Slovak Issue: 4/2018

The authors discuss the legal emancipation of the Slovak or Hungarian woman in family and property relations (as both these relations determine the status of each human individual) which took place in two stages; Firstly, it was while the first original medieval law, which was preserved even in the modern concept of the patriarchal family and subordinate position of women, was effective. Secondly, it was during the century when modern law was born, namely from 1848 to 1948, when women became independent and emancipated in both social and legal relations. The authors identify the key legal norms that helped to create and configure the milestones on the slow and long road to female emancipation and transformation of the social and legal awareness of Slovak society. The ambition of the authors is to point out the general conclusions about the status of Slovak woman, reached after reviewing the legal norms, court decisions and jurisprudence.

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Právne nástroje novej moci. Politické perzekúcie na Slovensku 1938 – 1939

Právne nástroje novej moci. Politické perzekúcie na Slovensku 1938 – 1939

Author(s): Katarína Zavacká / Language(s): Slovak Issue: 1/2019

The study analyses the legislative tools used to liquidate the democratic regime in Slovakia from the autumn of 1938, when it was proclaimed to be politically autonomous. The new autonomous government made use of the existing judicial tools, namely those related to military mobilisation, and set about the rapid preparation of its own regulations. Limitations to civil rights and freedoms that were introduced to defend the democratic system from the direct threat posed by the Third Reich, especially those regarding freedom of speech and assembly, thus were quickly turned against democracy itself. The study documents the extent to which an initial departure from a general pluralist environment within civic society has become a condition for the introduction of openly anti-Jewish legal regulations.

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Trest smrti na území moderného Slovenska

Trest smrti na území moderného Slovenska

Author(s): Dominik Bobrovský / Language(s): Slovak Issue: 2/2024

The article reviews essential elements connected with the death penalty perfor¬mance – means of execution, courts, numbers, and exceptions in the territory of modern Slovakia since the beginning of the 20th century, which are also used as the main chapters of the article. Each chapter is divided into subchapters, consisting of the three important periods – Austria-Hungary, the first Czechoslovak Republic, and Czechoslovakia after 1945 and the communist revolution.

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Budou představení dodržovat nový služební předpis o pravidlech etiky státních zaměstnanců?

Budou představení dodržovat nový služební předpis o pravidlech etiky státních zaměstnanců?

Author(s): Martin Škurek / Language(s): Czech Issue: 2/2024

The present article deals with the Supreme State Secretary’s Staff Regulation no. 3/2023 on the rules of ethics for civil servants (hereinafter also referred to as “Staff Regu¬lation no. 3/2023”). In doing so, the author asks the question whether the Staff Regulation no. 3/2023 itself, the relevant provisions of Act no. 234/2014 Coll. on the Civil Service and the related case law of the relevant administrative courts provide a solid basis for a guar¬anty that officials will comply with this Staff Regulation, specifically its Art. 8 thereof. The author of the presented paper focuses on the officials because of their importance for the quality performance of the state administration whereas concludes that the Civil Service Act and related case-law, because of their content, and Staff Regulation no. 3/2023 itself, because of its nature, can hardly provide such a guaranty.

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Etický kódex a správne disciplinárne delikty

Etický kódex a správne disciplinárne delikty

Author(s): Matej Horvat / Language(s): Slovak Issue: 2/2024

Administrative disciplinary offences are a type of administrative offence, main¬ly emphasising compliance with (internal) obligations within an institution. Their spe¬cificity lies in the fact that, from a substantive point of view, they may, by law, leave the definition of the facts of the offence also to an internal regulation. One of these regulati¬ons may be a code of ethics. In this paper I will deal with the definition of administrative disciplinary offences and codes of ethics as a source of the facts of these offences, pointing out whether, from the point of view of European decision-making practice, administra¬tive disciplinary offences can be considered as criminal charges for the purposes of Article 6 of the Convention and, in the event of a positive or negative answer, what principles and procedures will apply to the imposition of liability for a committed administrative disci-plinary offence. I will also compare the above in the light of national case law and analyse whether there are any differences in the European and national approaches available in the decision-making practice.

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Náprava vadných rozhodnutí o nařízení předběžného opatření upravující poměry nezletilého dítěte

Náprava vadných rozhodnutí o nařízení předběžného opatření upravující poměry nezletilého dítěte

Author(s): Radim Vaněk / Language(s): Czech Issue: 2/2024

The following work focuses on the legislative remedies for defective court deci¬sions by which a preliminary injunction concerning the custody of a minor child has been issued. The proper remedy is an appeal. However, is the remedy of an appeal against a defective court decision ordering a preliminary injunction an effective means of defense for the participant?

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The Abuse of Diplomatic Immunity: Examining Cases and Implications for International Relations – A Research

Author(s): Junaid Sattar Butt / Language(s): English Issue: 2/2024

The research aims to critically analyze the instances and consequences of the misuse of diplomatic immunity in modern international relations. Diplomatic immunity, a fundamental principle of international law, is designed to protect diplomats and consular agents from legal prosecution and ensure the smooth functioning of international relations. However, its abuse—ranging from criminal activity to human rights violations—has raised concerns about accountability and fairness in the global community. This study seeks to investigate the underlying causes and consequences of such abuses, exploring how diplomatic immunity has been exploited by diplomats to shield themselves from prosecution for unlawful actions. It examines several high-profile cases where immunity has been invoked in controversial contexts, including human trafficking, corruption, and violent crimes, and the subsequent international responses. The objectives of the project include: (1) Identifying key instances where diplomatic immunity has been misused, (2) Analyzing the legal and political frameworks that enable such abuses, (3) Assessing the impact of diplomatic immunity abuse on the credibility of international law, and (4) Proposing potential reforms to ensure a more balanced application of diplomatic immunity. The scope of the research encompasses case studies from various geopolitical regions and diplomatic missions, reflecting diverse legal and cultural contexts. The methodology applied combines qualitative and comparative analysis. Legal case studies, official reports, and diplomatic records are analyzed to identify patterns of abuse. In-depth interviews with legal scholars, diplomats, and international law experts will supplement the analysis, offering a nuanced understanding of the implications for international relations. This study aims to contribute to the ongoing discourse on diplomatic immunity, with an emphasis on promoting reforms that protect both diplomatic privileges and the principles of justice and accountability in international relations.

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„HOMESCHOOLING” ÎN ROMÂNIA - ÎNTRE REGLEMENTĂRI JURIDICE NAȚIONALE ȘI INTERNAȚIONALE

„HOMESCHOOLING” ÎN ROMÂNIA - ÎNTRE REGLEMENTĂRI JURIDICE NAȚIONALE ȘI INTERNAȚIONALE

Author(s): Daniel Fodorean / Language(s): Romanian Issue: 1/2024

In Romania, in recent years more and more parents, especially during the Covid 19 Pandemic period, have enrolled their children in homeschooling programs in America. There were numerous debates on this topic during the key moments of adopting the education laws, in 2011 and 2024, as well as during the years after. The officials of the Ministry of Education have not given way, so the legislation does not explicitly recognize homeschooling as a form of education accepted nationally. From tolerating this form of education, we moved on to contraventional sanctions, and in 2024, for the first time, we reached criminal sentences for parents who educate their children in the homeschooling format. The analysis of the situation will be done relating to constitutional law, and national legislation, as well as through the lens of international human rights norms. The goal is to identify if Romania does not fundamentally restrict freedoms in this field of education and if it should not align its legislation with the norms of international human rights law.

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Spomini nekaterih obsojencev iz Nagodetovega procesa leta 1947 kot vir iz prve roke za poučevanje o človekovih pravicah pri pouku zgodovine

Spomini nekaterih obsojencev iz Nagodetovega procesa leta 1947 kot vir iz prve roke za poučevanje o človekovih pravicah pri pouku zgodovine

Author(s): Vilma Brodnik / Language(s): Slovenian Issue: 1/2022

The article talks about the strengthening of the revolutionary authorities in Slovenia after World War Two using the example of a show trial against Črtomir Nagode and fourteen others. This was a political trial involving false accusations, in which the authorities dealt with political opponents who during the war had not collaborated with the occupiers, but wanted to restore the multi-party system on the basis of the Tito-Šubašič Agreement. In history lessons, this theme is dealt with in connection with the wider theme about Slovenians in the 20th century and the seizing of power by the Communist Party. Curricula recommend the inclusion of historical sources in lessons. Considering that the memories of some of the convicts or their family members have been preserved, the article shows the possibility of independent learning using fragments of these memories and first-hand sources, in this way developing critical thinking, encouraging respect for human rights and freedoms, learning how to act in line with them, as well as how to live in a pluralistic and democratic society.

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Codes of ethics in a contextual comparative analysis of the security forces of the Czech Republic

Codes of ethics in a contextual comparative analysis of the security forces of the Czech Republic

Author(s): Jiří Nesiba,Ondřej Kolář,Josef Smolík / Language(s): English Issue: 4/2025

This article examines the Codes of Ethics governing security forces in the Czech Republic as of 2024. The study aimed to conduct a comparative analysis of the ethical codes of the Police of the Czech Republic, the Prison Service of the Czech Republic, and the Customs Administration of the Czech Republic. The study focuses on key ethical values such as dignity, professionalism, and the fight against corruption, and explores ethically contentious issues, such as the use of mini-cameras for evidence collection in complaint cases. The findings reveal common ethical principles among these agencies, but also highlight differences in their approach to certain issues. The study identifies areas requiring further attention, particularly in employee training and promoting work-life balance. This analysis provides valuable insights into the effectiveness and comprehensiveness of the ethical codes and suggests directions for their further improvement in practice.

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Re-storying as Restoring: Exploring the Potential of Creative Narratives in Advancing Knowledge about Restorative Justice

Re-storying as Restoring: Exploring the Potential of Creative Narratives in Advancing Knowledge about Restorative Justice

Author(s): Peter Vermeersch / Language(s): English Issue: 1/2024

Promoting the principles of restorative justice requires a departure from conventional narratives of how serious crime is dealt with. The dominant understanding of crime and punishment is often derived from narrow media representations that focus primarily on the details of the crime and the processes within the criminal justice system. These representations tend to follow common narrative scenarios and often inspire calls for tougher crime policies to ensure safety, restore legal order and satisfy society's impulses towards retribution. However, they rarely address issues such as the impact of imprisonment, the experiences and needs of victims or their families, or the nuanced emotions of those responsible for sentencing. As a result, while crime reports, podcasts and television shows regularly examine and sensationalize the crime itself, or reveal the shortcomings of the legal process, they often overlook restorative approaches. But what if attempts were made to 're-story' crime from a multifaceted, nuanced and realistic understanding of events? By broadening the landscape of representation, can a clichéd and overly restrictive perspective on crime and justice be avoided? Can we move beyond black and white discussions and address common misconceptions about retribution and the legal system through improved storytelling and richer narratives? This essay explores these questions. Drawing on the author's experience as a juror in a murder trial and several examples of more complex and inclusive storytelling efforts, it reflects on what such restorying could look like and considers its implications for journalism, fiction and non-fiction.

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České soudy ve vleku unijního práva a judikatury SDEU při přezkumu zajištění cizinců: vázanost žalobními body a ochrana zranitelných osob

České soudy ve vleku unijního práva a judikatury SDEU při přezkumu zajištění cizinců: vázanost žalobními body a ochrana zranitelných osob

Author(s): Hoang Nguyen,Eliška Mainclová / Language(s): Czech Issue: 1/2025

This article investigates the interaction between European Union (EU) law and Czech national practices within two closely related areas, specifically focusing on the involvement of vulnerable individuals within the Czech administrative judiciary. The first part of the text centers on the judicial review of the detention of foreign nationals, particularly in light of the Court of Justice of the European Union (CJEU) ruling in Staatssecretaris van Justitie en Veiligheid. The authors critically examine how the requirement for a general review of legality, as mandated by the CJEU, aligns with the practices of the Czech administrative judiciary and how Czech courts should implement this standard of the review. The second part of the text addresses the treatment of foreign nationals identified as vulnerable under EU law. The authors emphasize the importance of recognizing vulnerable status and provide an evaluation of the procedures and practices of Czech administrative authorities and courts in this context. They assess whether these institutions effectively and promptly identify vulnerable individuals and ensure that their treatment while detained adheres to the standards of dignity and respect prescribed by EU law.

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Náhrada újmy způsobené nezákonným stíháním za přestupek

Náhrada újmy způsobené nezákonným stíháním za přestupek

Author(s): Martin Adamec,Daniel Burda / Language(s): Czech Issue: 1/2025

This text deals with the topic of the liability of the state for the damages caused by unlawfully conducted misdemeanour proceedings. This issue is not elaborated in the literature often, therefore the authors of the text aim to analyse its selected aspects in more detail. The prosecution for an offence constitutes a criminal charge within the meaning of Article 6(1) ECHR and is effectively on the same level as a criminal prosecution. Where a person is charged with either a criminal offence or a misdemeanour, and such proceedings have been conducted unlawfully, i.e., have not resulted in a final conviction or a final decision of an administrative authority, it is clear that such a person may have suffered harm as a result of the unlawful conduct of the public authorities. In the case of misdemeanour proceedings, unlike criminal proceedings, it has long been out of the question for the courts to award damages. A breakthrough came only in 2019, when the Constitutional Court admitted that even in the case of unlawful prosecution for an offence, the accused is entitled to compensation for damages, and only in certain circumstances, in which the Constitutional Court has not commented in detail. The authors of this text therefore focus in more detail on the question of in which cases and under what conditions a person unlawfully prosecuted for an offence is entitled to compensation for damages or non-pecuniary harm, in particular, on the basis of an analysis of case law. The aim of the text is to capture the decision-making practice of the courts and to analyse the arguments of the national courts in more detail.

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PRAVO DJETETA I ADOLESCENATA NA MENTALNO ZDRAVLJE: OBAVEZE DONOSITELJA ODLUKA U BOSANSKOHERCEGOVAČKIM TRANSFORMACIJSKIM PROCESIMA

PRAVO DJETETA I ADOLESCENATA NA MENTALNO ZDRAVLJE: OBAVEZE DONOSITELJA ODLUKA U BOSANSKOHERCEGOVAČKIM TRANSFORMACIJSKIM PROCESIMA

Author(s): Džamna Vranić,Dino Kovačević / Language(s): Bosnian Issue: 1/2025

Adolescence is a life stage characterized by an expansion of opportunities, abilities, aspirations, energy, and creativity, but also a period of heightened sensitivity, as noted in General comment No. 20 (2016) on the implementation of the rights of the child during adolescence. Adolescents are agents of change who can positively contribute to their families and local communities. Mental health issues and psychosocial problems, such as suicide, self-harm, eating disorders, and depression, are significant causes of poor health, morbidity, and mortality among adolescents, especially those in vulnerable groups. These issues arise from the complex interaction of genetic and biological factors, as well as personality and environmental influences, exacerbated by discrimination, peer violence, social exclusion, and pressures related to physical appearance and societal standards of "perfection." It is estimated that over 11 million children and adolescents aged 19 and younger (13%) in the European Union suffer from mental health disorders. The prevalence increases with age, from approximately 2% in children under 5 years old to about 19% among youth aged 15 to 19 years. Suicide is the second leading cause of death (after traffic accidents) among youth aged 15 to 19 in the European Union, accounting for approximately one in six deaths (UNICEF: 2024). "It is crucial for the European Union to build on its recent achievements in promoting child well-being, including the adoption of the EU Strategy on the Rights of the Child in 2022 and the European Child Guarantee," emphasizes Bertrand Bainvel, UNICEF Representative to the European Union institutions. The Committee on the Rights of the Child highlights that states should adopt a public health and psychosocial support approach, rather than excessive reliance on medication and institutionalization. The aim of this paper is to outline the necessary directions of action within the transformational processes of Bosnia and Herzegovina, which must be based on global best practices, particularly those of the European Union—comprehensive, multi-sectoral actions within integrated systems for the protection of adolescent mental health, involving parents, peers, extended families, and the entire education sector. This sector will, through relevant ministries, ensure policies and strategies aimed at effectively addressing these issues.

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THE IMPORTANCE OF HUMAN RIGHTS EDUCATION IN DEVELOPING DEMOCRATIC CITIZENS

THE IMPORTANCE OF HUMAN RIGHTS EDUCATION IN DEVELOPING DEMOCRATIC CITIZENS

Author(s): Ion Albulescu,Ciprian Simuţ / Language(s): English Issue: 3/2024

The research examines how human rights education fosters democratic citizenship by raising awareness of rights and responsibilities, through the promoting of democratic values, and the active participation of citizens in the democratic processes. Through a theoretical framework, the essay explores how human rights education develops citizens equipped to support human rights and democratic principles. It is considered that the key elements of human rights education are inclusive curricula and participatory teaching. Several challenges to human rights education are presented, such as political resistance, cultural traditions, and limited resources. The essay proposes several solutions to the challenges, such as advocacy, policy reforms, collaboration between governments and specialized NGOs, as well as the use of digital technologies, that would aid in consolidating robust and resilient democratic societies.

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Digitalizace jako záchrana archiválií před okupanty. Rozhovor s ředitelkou ukrajinského Státního archivu Chersonské oblasti Irynou Lopušynskou

Digitalizace jako záchrana archiválií před okupanty. Rozhovor s ředitelkou ukrajinského Státního archivu Chersonské oblasti Irynou Lopušynskou

Author(s): Anna Chlebina / Language(s): Czech Issue: 03/2024

Amidst the chaos of the Russian invasion, Iryna Lopušynska, director of the State Archive of Kherson Oblast, recounts the harrowing experiences of safeguarding invaluable historical documents. As Russian forces advanced, the archive staff faced the daunting task of preserving nearly a million records, including vital digital copies. Despite the occupation, they continued their work, secretly transporting equipment and digital files to ensure the survival of their region's history. The digitalization process, initiated years prior, proved crucial in protecting documents from destruction and theft. Lopušynska emphasizes the importance of these archives in maintaining Ukrainian identity and countering Russian propaganda. Her efforts highlight the resilience and dedication of archivists in preserving the truth amidst conflict.

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LA PROMOTION DE LA JUSTICE RESTAURATIVE EN EUROPE. QUELLE PERTINENCE POUR LA GUERRE EN UKRAINE?

LA PROMOTION DE LA JUSTICE RESTAURATIVE EN EUROPE. QUELLE PERTINENCE POUR LA GUERRE EN UKRAINE?

Author(s): Katerina Soulou / Language(s): French Issue: 35/2024

Although theorized long ago, restorative justice is back in actual discussions because of its promotion by numerous international organizations, prompting the author to explore the possibility of using this mechanism for crimes committed during the war in Ukraine. In light of its consequent promotion in European systems, the author explores the philosophical considerations of such justice in order to draw lessons on its advantages and limitations, before considering its application in the Ukrainian case.

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