Introduction to Law T7 Legal provisions for the protection of human rights at the international, regional and national level

T7 Legal provisions for the protection of human rights at the international, regional and national level Contents Introductory notes to the issue of human rights International Protection of Human Rights The national human rights protection Human rights - current issues Education and human rights education Conclusion

T7 Legal provisions for the protection of human rights at the international, regional and national level Human Rights (HR) can be understood as the basic standards that enable all people to use human dignity. Respect for human life and human dignity can be found in most world religions and philosophies. The human rights can be accessed in three levels: level of applicable human rights law, along with institutional guarantees level of political ideology of human rights, level of philosophy and morality of human rights.

T7 Legal provisions for the protection of human rights at the international, regional and national level Doctrine and sources of law talk about: human, rights, human and civil rights, fundamental rights, fundamental human, rights and freedoms... HR as the rights of all people regardless of the country in which they live x civil rights, Fundamental rights - the hard core of HR? Constitutionally guaranteed HR?, HR regulated by international agreements? HR as the rights and privileges of individuals which provide freedom and dignity, regardless of nationality, race, color, religion, genetic characteristics, wealth... Universality of HR, natural law and anti-discriminatory basis.

T7 Legal provisions for the protection of human rights at the international, regional and national level Public international law as an instrument of the protection of human rights Set of standards that regulate relations between states, Special section - International legal status of the population, individuals and the protection of human rights (foreigners extradition, refugees, racial discrimination, protection of life, protection of women, children, ethnic minorities), the International Human Rights Law (protecting individuals at any time and any public authority) International humanitarian law (protecting individuals only during armed conflict, and only against enemy powers)... EU Law

T7 Legal provisions for the protection of human rights at the international, regional and national level The United Nations (UN) 24th 10th United Nations Day The UN Charter (1945) establishes the following six principal organs of the United Nations: The General Assembly (the principal UN body) Security Council (to maintain international peace and security in accordance with the principles and objectives of the United Nations) Economic and Social Council, The Trusteeship Council, The International Court of Justice (ICJ) in The Hague (primary judicial organ of the United Nations) The UN Secretariat (departments and offices, located in New York, the other main centers of activity Geneva, Vienna and Nairobi), + Secretary-General

T7 Legal provisions for the protection of human rights at the international, regional and national level The International Court of Justice Cour Internationale de Justice The Peace Palace in The Hague (Netherlands) Established in 1945, has 15 judges Official languages: French and English The Statute of the International Court of Justice; resolves disputes between Member States (questions of territorial rights, law of the sea, reports to the General Assembly)

T7 Legal provisions for the protection of human rights at the international, regional and national level The Universal Declaration of Human Rights - turning to individuals adopted on 10 December 1948 (commemorated each year as International Human Rights Day). It is the first general international document that gives a comprehensive catalog of rights granted to each individual, not an international treaty, was adopted in the form of the resolution of the UN General Assembly, which is recommendatory. The International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights (turning to States) - Human Rights Committee Decree of the Minister of Foreign Affairs No. 120/1976 Coll., The International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights.

T7 Legal provisions for the protection of human rights at the international, regional and national level Other Universal Declaration of Human Rights: The protection of life, liberty, and health - Convention on the Prevention and Punishment of the Crime of Genocide (Ministry of Foreign Affairs Decree No. 32/1955 Coll.) Slavery Convention (No. 165/1930 Coll.), The Convention on the prohibition of torture and other inhuman and degrading treatment and punishment (1984). Protection of women and children - the Convention on the Rights of the Child of 1989 (No. 104/1991 Sb.). Non-discrimination - International Convention on the Elimination and Punishment of the Crime of Apartheid (No. 116/1976 Coll.), The International Convention on the Elimination of All Forms of Racial Discrimination (No. 95/1974 Coll.) Protection of National Minorities - Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities (1992).

T7 Legal provisions for the protection of human rights at the international, regional and national level The European Court of Human Rights Strasbourg, France established in 1959 number of judges by the number of the Contracting Parties Official languages: French and English task: to ensure that States respect the rights and guarantees of the European Convention hear complaints lodged by individuals or, in some cases States, after an application of all means of remedy, submit the application within 6 months if the Member State has violated one or more of these rights and guarantees, gives judgment, judgments are binding - the countries are under an obligation to perform, no complaints against individuals, but public authorities

T7 Legal provisions for the protection of human rights at the international, regional and national level The European Social Charter (1961, Turin) into force in 1965, the second pillar of the treaty system of human rights protection created by the Council of Europe and inspired the Universal Declaration, is a catalog of European economic and social rights. Other European Convention on Human Rights The European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (the Ministry of Foreign Affairs No. 9/1996 Coll.) The Framework Convention for the Protection of National Minorities.

T7 Legal provisions for the protection of human rights at the international, regional and national level The European Court of Justice Luxembourg 27 Judges and 8 Advocates General supervision of the uniform interpretation and application of EC law, control of the legitimacy of decisions of the Council and the European Commission, opportunity to actively enforce its decisions against states Who can turn on The European Court of Justice..... Member States, European Commission, European Parliament, Council of the EU, individuals (exceptionally) Human rights protection in the EU level

T7 Legal provisions for the protection of human rights at the international, regional and national level NATIONAL PROTECTION OF HUMAN RIGHTS: Constitutional Law Constitutionally guaranteed fundamental rights and freedoms of natural persons, citizens of the Czech Republic, foreigners are embedded in the Charter of Fundamental Rights and Freedoms, which is part of the constitutional order of the Czech Republic. The possibility of limiting by law: soldiers - Article 44 in relation to Article 18, 19, 20 and 27 of the Charter Administrative Law Legal regulation of the exercise of rights - such as the right to assemble, limitations and interference by public authority with the exercise of rights For example. Law No. 84/1990 Coll., the right to assemble - the prohibition, the dissolution of the Assembly.

T7 Legal provisions for the protection of human rights at the international, regional and national level NATIONAL PROTECTION OF HUMAN RIGHTS: Criminal law - the right of an accused to a fair trial (criminal proceedings, the right to defense, the principle of ne bis in idem, the presumption of innocence...) - see the requirements and principles of the Charter and Act No. 141/1961 Coll., Code of Criminal Procedure. 1 January 2010, the new Criminal Code, Act No. 140/1961 Coll. Criminal Act replaces Law No. 40/2009 Coll., the Criminal Code, puts more emphasis on the protection of life, property and other individual rights when these interests are more important that the interests of society and the state, toughens penalties for serious crimes against life and health (about 3-5 years), increases the threshold of an exceptional sentence from 25 years on the 30th

T7 Legal provisions for the protection of human rights at the international, regional and national level NATIONAL PROTECTION OF HUMAN RIGHTS: Labour law - Prohibition on discrimination in labour relations, see § 16 of Act No. 262/2006 Coll., The Labour Code. From 1 September 2009 (some provisions from 1 December 2009), Act č.198/2009 Sb., Equal treatment and legal protection against discrimination and amending certain laws (Antidiscrimination Act). Defines the right to equal treatment and prohibits discrimination, for example in access to employment or business, education, health care, social benefits or to professional associations. Discrimination by anti-discrimination law is considered as harassment, sexual harassment, stalking, instruction to discrimination and incitement to discrimination The man who will feel discriminated under the Act may apply to the court and seek appropriate compensation.

T7 Legal provisions for the protection of human rights at the international, regional and national level ADAMUS, Vladimír. Mezinárodní dokumenty o lidských právech. Praha: Linde, p. ŠIŠKOVÁ, Naděžda. Dimenze ochrany lidských práv v EU. Praha: Aspi Publishing, p. TÝČ, Vladimír. Základy práva Evropské unie. 5. aktualizované vydání. Praha: Linde, p. POTOČNÝ, Miroslav, ONDŘEJ, Jan. Mezinárodní právo veřejné - Zvláštní část. Praha : C.H.Beck, SUDRE, Frédéric. Mezinárodní a evropské právo lidských práv. Brno : MU, p. Official website of the UN - available online at The official website of the UN Information Centre (UNIC) - available online at Official website of Office of the Council of Europe - available online at The official website of Amnesty International Czech Republic - Official website of the Czech Helsinki Committee - Official website of the People in Need -