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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