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Lecturer(s)
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Jílek Dalibor, prof. JUDr. CSc.
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Bureš Pavel, JUDr. Ph.D.
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Course content
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1-2. Nature of the Convention on the Rights of the Child. The Convention as an integral part of the Czech constitutional order. Two theories of the rights of the child (the will doctrine and the doctrine of interests). Negative and positive obligations, directly applicable and directly non-applicable obligations. the obligation to respect, the obligation to protect and the obligation to fulfil the rights of the child 3-4. The personal (definition of the child - Article 1), temporal, territorial and material scope of application. Explanation of the legal concept of "jurisdiction". The dependent or parasitic obligation not to discriminate the child (Article 2). Discriminatory reasons and their legal analysis and evaluation. Legitimate and rational reasons and the principle of proportionality. Different forms of direct and indirect discrimination: inadequate education and care, limited, unequal opportunities for play, learning and education, inhibition of free expression and views 5-6. The principle of best interests of the child (Article 3, paragraph 1). Three forms of the principle: substantive, procedural and interpretative. Assessment and determination of the best interests of the child. Well-being of the child. Interpretation and application of a substantive rule in the findings of the Constitutional Court of the Czech Republic 7-8. The principle of participation: the right of the child to be heard. Civil proceedings (divorce and separation from parents) and administrative proceedings. The right of the child to be heard in a private and/or public space: in family, in alternative care, in health care and/or in the educational process and schools 9-10. The right of the child to protection against all forms of violence (Article 19). Impact of violence on life, survival and development of the child (Article 6). Violence between children at schools and outside schools. Harmful practice. The child's right to protection against corporal punishment. Preventive and educational measures against corporal punishment 11-12. Children in conflict with the law (Articles 39 and 40). The child-friendly justice: the core elements. Dignity of a child in conflict with the law. The minimum age of criminal responsibility of the child. Educational measures and punishment. The question of immigration detention and its prohibition
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Learning activities and teaching methods
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Dialogic Lecture (Discussion, Dialog, Brainstorming), Activating (Simulations, Games, Dramatization)
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Learning outcomes
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Objectives of the course (annotation): The principal aim of the subject is to illustrate and to transfer the understanding of the rights of the child in the context of internal and international legal practice. By completing the course, students will deepen their knowledge of cross-sectional issues in the field of human rights and will gain the competence to interpret and apply international rules in relation to specific cases, taking into account the principles of international law. Students will discuss specific cases and use empirical, logical, systemic, context or value arguments.
Acquired competencies (knowledge, skills, values): By passing the subject students will deepen their knowledge of cross-sectional substance, gain the competence to interpret and apply conventional rules guaranteeing children's rights and acquire the competence of applying arguments.
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Prerequisites
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Completion of this course is not conditional upon completion of some other courses.
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Assessment methods and criteria
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Student performance, Written exam
The subject will be continuously evaluated on the basis of the active participation of students in the seminar lessons and on the basis of a seminar paper which will be the basis for the colloquium.
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Recommended literature
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JÍLEK, Dalibor, ČECHOVÁ, Irena (eds.). (2017). Aktuální otázky ochrany práv dětí. Informování dětí o jejich právech.. Brno: Česko-britská o.p.s.
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JÍLEK, Dalibor, ČECHOVÁ, Irena (eds.). (2016). Společnost přátelská k dětem v obtížích.. Brno: Česko-britská.
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