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

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