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Abstract: As of November 20, 2024, 35 years have passed since the adoption of the United Nations Convention on the Rights of the Child (UNCRC) in 1989, a unique and binding instrument that enshrined, for the first time in international law, a comprehensive set of rights for children across the globe. While the UNCRC has driven significant progress since its adoption in 1989, emerging challenges, particularly digitalisation and the climate crisis, reveal critical gaps in its implementation. This article evaluates three decades of achievements in child rights protection, identifies persistent shortcomings, and examines the urgent need to address environmental degradation as a violation of children’s rights. Through an analysis of international legal provisions and landmark cases, the authors argue for stronger enforcement mechanisms to uphold children’s right to a healthy environment.
Keywords: child rights, right to a healthy environment, climate litigation, UNCRC, environmental human rights
Published in DKUM: 17.11.2025; Views: 0; Downloads: 1
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Abstract: Compulsory childhood and adolescent vaccination are a controversial issue in the public arena. They also pose a challenge on the ground of legal sciences. This article is devoted to a dogmatic-legal analysis of the type of legally protected goods that are restricted in connection with mandatory vaccination (among others: the right to respect for private and family life, personal freedom, the right to self- determination) and those values that vaccination is in principle supposed to protect (public health, life, and health of children). The article analyses in detail the ruling of the European Court of Human Rights, which seems to be a breakthrough. On the one hand, it ends the dispute pending before the Court and, on the other, it opens the field for further discussion on the essence of mandatory vaccinations. The research has been carried out by using the dogmatic-legal method, the method of analysis and criticism of literature, the method of analysis of case law and the statistical method. In the presented research results, reports and statistical data of international bodies concerning the level of vaccination among children and adolescents in Europe were used.
Keywords: child, countering the spread of communicable diseases, European Court of Human Rights, fundamental rights, public health
Published in DKUM: 28.08.2025; Views: 0; Downloads: 3
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Abstract: Environmental factors, such as air pollution and climate change, significantly contribute to the global burden of disease and are critical to understanding health disparities between countries, with low- and middle-income nations facing the highest environmental health burdens across various diseases and injuries. While health is universally acknowledged as both a fundamental human need and a basic human right, yet the harmful effects of unhealthy environments disproportionately impact children. Research indicates that pre- and post-natal exposures to environmental toxicants can disrupt brain and lung development, impairing their function. These health impacts are distributed unequally, with marginalised populations experiencing greater harm. The IPCC identifies fossil fuel combustion as the primary driver of climate change. Epidemiological studies further highlight the existing and future consequences of climate change, including its effects on infectious diseases, cardiovascular and pulmonary diseases, and mental well-being.
Keywords: environmental toxicants, convention on the rights of the child, United Nations framework convention on climate change, human rights-based approach, sustainable development goals
Published in DKUM: 28.08.2025; Views: 0; Downloads: 9
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Abstract: The monograph »Collected Papers of Thomas A. Heller« brings together the significant scholarly contributions of Thomas Heller, an esteemed American legal expert whose academic influence has resonated well beyond the borders of his home country. In his academic writings, Heller explored a broad spectrum of legal topics, reflecting both the depth of his expertise and the diversity of his intellectual interests. His work addressed important issues in criminal and civil procedure (such as attorney fees, remedies), topics that lie at the core of any legal system and continue to provoke scholarly debate. Particularly noteworthy are his contributions related to medical-legal issues such as medical malpractice, vaccination policies, and abortion law, mainly last analyzed through the lens of recent and landmark judicial decisions in the US. These topics are of enduring legal, ethical, and social significance. In addition, he also contributed to the field of English legal writing and composition, helping to clarify and elevate the standard of the English language.
Keywords: criminal and civil procedure, obligatory insurance, human rights, medical law, English language
Published in DKUM: 14.07.2025; Views: 0; Downloads: 7
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Abstract: This master’s thesis systematically analyses the possible obligations and rules of public international law that must be respected when States impose sanctions without the authorisation of the United Nations Security Council or unilateral sanctions. This type of sanctions has been used throughout history and States are increasingly resorting to imposing them within international conflicts. However, they have never been regulated by any authoritative act, and the decisions of international judicial organs are scarce. In the absence of specific rules regulating the use of unilateral sanctions, this thesis focuses on the general provisions and obligations of public international law that States must respect when imposing sanction regimes against other States. One of the fundamental principles of international relations is the principle of sovereign equality of States, under which States must refrain from intervening in the domestic affairs of other States and must respect their sovereign immunity. Furthermore, States are obligated to respect treaty provisions they have consented to, one of them being the World Trade Organisation’s Marrakesh Treaty, under which States need to respect the rules enshrined General Agreement on Tariffs and Trade, like most favoured nation principle. Unilateral sanctions such as freezing of assets of States and central banks, travel bans for State representatives, import and export bans and trade embargos all constitute a threat to breach these obligations of public international law. However, even if States impose unlawful unilateral sanctions, their unlawfulness may be precluded under the rules of lawful countermeasures. Inconsistent State practice, divergent opinions of various scholars and lack of codifications make all these rules and prohibitions difficult to determine. However, given the recent increase in the use of unilateral sanctions, this grey area of international law is beginning to be clarified.
Keywords: State sovereignty, sanctions, legal countermeasures, coercion, national matters, human rights, immunities, inviolability, security exception, most favoured nation.
Published in DKUM: 24.06.2024; Views: 198; Downloads: 67
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