SPV - distribution of power

• Locke – legislative and executive branch► Montesquie – judicial► Legislative power – creates laws, norms, held by the Parliament► Executive power – president, government, public prosecution (státnízastupitelství)► Judicial power – independent courts


  .
• Legislative initiative – creation of laws/proposing can be done by

  An MP (a group of MPs), ministry, government, Senate, regional government
• PROCESS OF PASSING LAWS

  Has to be agreed on by at least 50% of present MPs and it goes to the Senate andPresident who can either sign it or veto it. If he vetoes it, the law is returned backto the Chamber of deputies. If it is passed again, it is then published/found in theStatute book (SZ) and has to be obeyed.
• Once passed, the law has to be signed by

  the President, the Prime Minister, and thehead of the Chamber of Deputies
• HUMAN RIGHTS

  A set of basic needs without which people would not be able to live a life of dignity
• Universal declaration of Human Rights


  Proclaimed by the UN in 1948► Preamble and 30 articles
• Declaration of Rights of Man and the Citizen

  French Revolution
• Council of Europe


  – deals with human rights (not a part of the EU)► 46 European countries; 6 observers (Mexico, Israel, USA, Canada, Vatican, Japan)► Seat in Strasbourg
• CHARTER OF FUNDAMENTALRIGHTS AND FREEDOMS

  Part of our constitution which guarantees -► Political rights (information, gather, vote)► Minorities (equality guarantee, education)► Economical, social, cultural rights (the right to go on a strike, freedom of choice ofa job, healthcare, education, environment)► Legal protection – once senetenced, you cannot be tried for the same act twice► Presumption of innocence – beiwhether you are guilty or not is decided by law/courts

  Fundamental rights and freedoms (life, possessions, religion, thinking)
• Fundamental rights and freedoms (life, possessions, religion, thinking)► Political rights (information, gather, vote)► Minorities (equality guarantee, education)► Economical, social, cultural rights (the right to go on a strike, freedom of choice ofa job, healthcare, education, environment)► Legal protection – once senetenced, you cannot be tried for the same act twice
• HUMAN RIGHTS - QUALITIES► Universal – ► Vested / inalienable► Irrevocable / indivisable ► Non-cancellable ► Imprescriptible
• HUMAN RIGHTS - QUALITIES► Universal – for everyone irrespective of their age, race, sex, religion► Vested / inalienable (nezadatelná) – you cannot give it to somebody else► Irrevocable / indivisable (nezrušitelná) – last forever► Non-cancellable (nezcizitelná) – you cannot be disposed of them► Imprescriptible (nepromlčitelná) – cannot be aquired, awarded, or earned
• Negative aspect of human rights and freedom:

  • Freedom from certain constraints
  • We have them inherently as humans
  • Tolerance vs violence is a key factor, where agreement or disagreement plays a crucial role
  • Examples include freedom of speech, the right to life, and the freedom to gather
• Hobbes' perspective: "The silence of laws" - If the sovereign does not make a law or mandate that prohibits an activity, citizens are free to participate in that activity
• Positive aspect of human rights and freedom:

  • Freedom towards certain entitlements
  • Given by the contract between people
  • Examples include the right to free education, healthcare, and the ability to dispose of some money through taxes in exchange for state protection
• ORGANIZATIONS

  The political documents only have political nad moral aspect, no legal one► However, you are responsible for not following the commitments
• Countries where HR are not followed

  ► N. Korea, China, Cuba, Russia, Somalia, Sudan, Zimbabwe► China – Tibet – Dalai Lama – lives in India► Belarus – Lukashenko► N. Korea – Kim Chong Un
• ORGANIZATIONS

  ► NGOs► HRI – Human Rights Watch► AI – Amnesty International► Člověk v tísni, Liga lidských práv► Charter 77 – Patočka, Havel, Kohout► 2000 words – it is possible to cancel censorship, to boost the proces ofdemocratization, warns against anticommunism► 100 000 signatures► After August 1968 – persecution► Anticharter► Czechoslovak Helsinki committee► Human rights are protected by the Constitutional court