SLP 04 (2013)

SUMMARY

Enlightenment, Christianity and Human Rights In the article the author deals with the substance of the concept of human rights within its original meaning, i. e. within the meaning in which it originated at the end of the 18. century in the two similar versions – american and french. For that purpose he analyses its main direct historical and ideological sources, i. e. fundamental legal and philosophical principles of enlightenment and cardinal constitutional acts as well as events of american and french revolution. These issues are being dealt with especially with regard to the special question whether or in what respects Christian religion or religion in general had some positive significance. Limiting Procedural Rights and the Role of Highest Courts in Civil Law Legal Systems Procedural rights play significant role in the system of fundamental rights protection because they enable individuals to invoke their rights before courts. Quintessence of these rights form right to fair trial and the right to access to court. One of the current legal problems related to procedural rights is a multiplicity of systems of remedies and plurality of courts whichmay solve particular dispute. In the Czech Republic one casemay arise consecutively before numerous courts, firstly before the courts within the system of ordinary judiciary and secondly before the Constitutional Court. Here however the case does not usually end because the applicants may initiate procedures (either individually or through the national court) before the Court of Justice of the European Union and the European Court for Human Rights. In this situation of excessive judicial protection its efficiency may be disputed. This work tries to look at the current discussions on the role of the highest courts in civil law legal systems from a theoretical perspective. Legal Aspects of Rationing in Health Care In the Czech Republic and throughout Europe, the right to health care belongs among recognized basic human rights. States guarantee to their citizens a right to health care, which nevertheless depends on a number of socio-economic factors, as no state in the world can provide everyone with the best, the most advanced (and the most expensive) provision of care. Given that the healthcare resources are limited, their allocation among competing parties must inevitably occur. Because of the scarcity, various economic, legal and ethical decisions concerning the scope of health care provision and funding must take place. In other words, health care must be rationed. Health care rationing is a process or conduct leading to the denial of beneficial health care services, as an inevitable consequence of resource constraints in healthcare and as such it is an inevitable process of any publicly funded healthcare system. Therefore, the main aim of the following contribution is to provide a brief introduction into the legal

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