| Abstract [eng] |
The thesis presents and analyses the possibility and issues of the legal person to waive human rights in the context of the international law. Human rights are the fundamental rights, granted to all human beings, regardless of their sex, nationality, race and other. They may be comprehended as individual‘s liberties and possibilities to act in the society. The basic human rights are consolidated in the international acts which place the state under the obligation to protect and cherish them. Consequently, their safeguards are being implemented by the national legal regulation. However, the person, as a holder of human right, has the freedom to dispose them, and in such way control his life. Thus, the question arrives, whether the person has the power to waive his rights, and what the role of the state is in this situation. The thesis analyses the views of the academics of the relation between the autonomy and its scope of individual, and the positive and negative obligations of the state to specify the operation of the person. It is noted that the unanimous opinion on this issue does not exist: it depends on how wide one would comprehend the latter factors and what importance would be attached to human rights. In pursuance of analysing these issues in the international scale, the attention is paid to the safeguards of European Convention on Human Rights, and the case law of the European Court of Human Rights, which reveals certain guidelines for dealing with the issue. |
