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Fourth chapter analyses the status and the place of human rights within the
international legal order.
Michaela Rišová
elucidates how the international law has
changed since the emergence of human rights norms in its corpus and the evolving of the
international hierarchical legal order. The chapter reflects on human rights as a part of
general international law applicable
erga omnes
and discusses their possible peremptory
nature. In this context, the contribution deals with the legal implications including the
interaction of human rights norms with the Article 103 of the UN Charter comming to
the conclusion that although basic human rights are a part of the general inernational
law, the current international law does not attribute the
jus cogens
character to all of them.
Pavel Bureš
focuses on the European Consensus as a special tool used by the European
Court of Human Rights for the interpretation of the European Convention on Human
Rights. The chapter explains the origin of European consensus, its definion and
application and other relative issues.
In the sixth chapter,
Milan Lipovský
discusses the case law of the European Court of
Human rights in relation to contemporary issues of wearing religious clothing in schools
on the background of the relevant articles dealing with the protection of freedom of
religion (Article 9 of the European Convention) and ith the right to education (article 2
of the First Additional Protocol to the European Convention).
The next chapter, written by
Ľubomír Majerčík
, deals with collective complaints
against the Czech Republic under the European Social Charter. First, specifics of the
monitoringmechanismunder the European Social Charter are examined; its weaknesses
and recent trends are highlighted. In the next step, the very first collective complaints
lodged against the Czech Republic are analysed, highlighting the fact that theCzech
Government is facing expansive interpretation of the Charter by the European Social
Rights Committee regarding the explicit ban of the corporal punishment of children.
The contribution of
Josef Nejedlý
focuses on the European Ombudsman as a defender
of fundamental rights.The first part of the article addresses theOmbudsman’s institutional
characteristics in the context of the protection of fundamental rights, and in particular
the scope of the Ombudsman’s competences and its capacity to effectively intervene in
human rights cases. The second part considers a number of cases which have recently
been handled by the Ombudsman. These cases help to illustrate the Ombudsman’s
activities in the field of human rights and show some particularities of this entity.
Alla Tymofeyeva
provides in her contribution a brief characterization of the status of
legal persons in the mechanism of human rights protection under the ECHR. Analysis
of the case-law of the ECtHR shows that they may submit applications alleging
violations of Art. 6, 7, 8, 9, 10, 11, 13 and 14 of the ECHR, Art. 1 and 3 of Protocol
No. 1, Art. 2, 3 and 4 of Protocol No. 7 and Article 1 of Protocol No. 12 to the
ECHR. In certain cases Art. 17 of the ECHR can also be involved. In July 2014, the
ECtHR found a violation of the right to life in a case, where the complaint was lodged
by a legal person. It is therefore possible to conclude that the list of the above rights