SLP 06 (2014)

In the fourth contribution, Helena Peterková addresses the Unequal position of health care providers in the Czech Republic in the light of the Constitutional Court decision Pl. ÚS 19/13 . She explains that the regulation on funding the healthcare in 2013 was annulled by the judgement of the Constitutional Court of the Czech Republic (ÚS Pl. 19/13) on the 22 nd October 2013 as it was declared to be contrary to Art. 1, para 1 of the Constitution, and Art. 1 and Art. 26, para 1 of the Charter of Fundamental Rights and Freedoms. One of the two derogative reasons was the unequal status of contractual and non-contractual healthcare providers whilst providing emergency care, more precisely the mechanism of its funding. The author analyses critically the reasoning of the Constitutional Court regarding the unconstitutional inequality of contractual and non-contractual healthcare providers in order to demonstrate its lack of persuasiveness. In the fifth contribution, Martin Štefko explores Public incentives for hiring job seekers with health disabilities . The corner stone of Czech public pro-employment measures is a duty of employers to hire disabled employees if they employ at least 25 employees throughout a calendar year in average. If applicable, disabled employees must create at least 4% of all employees working at the employer. The authors shows that despite a variety of governmental incentives, the amount of unemployed disabled is more than four times higher than 23 years ago in the Czech Republic. In the sixth chapter, Kristina Chocholáčková deals with Unaccompanied minors and the right to education . In the last few years, the number of unaccompanied minors, or children under 18 years from third world countries who migrate to Europe and are without a parent or guardian, has been on a striking rise. The author’s objective is to analyse the recent developments in international protection of the rights of these particularly vulnerable individuals. She analyses the evolution of international public law, which highlights the supremacy of the so-called “best interest of child” principle over immigration measures. She also evaluates the extent of protection of the right to education of illegally residing children in Europe, with an emphasis on the case-law of the European Court of Human Rights. She concludes that the recent developments in international public law lead to an indirect protection of social rights of unaccompanied minors. In the last, seventh contribution, Karolina Žákovská explores the possibility to use Rights of indigenous peoples as a means of environmental protection . After addressing the issue of definition of the term indigenous peoples she describes the close relationship these distinctive human societies maintain to their traditional lands and their environment in general. Using the relevant case-law of different international bodies the author follows with an analyses of the possible use of rights of indigenous peoples and their individual members in order to protect the environment they traditionally live in. She explores three different approaches: the use of collective rights of indigenous peoples provided for in the UN Declaration of the Rights of Indigenous Peoples and in the

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