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CERV pozadí

Human Rights and LGBTIQ Persons

The CHRsucceeded in the European grant competition Citizens, Equality, Rights and Values” (CERV) with a project focused on the rights of LGBTIQ+ individuals. The project, titled StandUp4LGBTIQ, aims to raise awareness and understanding of the Charter of Fundamental Rights of the EU among individuals from the LGBTIQ+ community, civil society, and legal professionals. The Center will primarily operate within the theoretical and research realms of the project, but it also includes an implementation component.

The course “Human Rights and LGBTIQ Persons” provides an in-depth exploration of the legal status and rights of LGBTIQ persons from both international and constitutional law perspectives. It aims to familiarize students with the current standards of legal protection for LGBTIQ individuals, while also engaging them in contemporary legal debates. These debates encompass both human rights frameworks and constitutional considerations, such as the separation of powers in decision-making related to LGBTIQ issues and the role of strategic litigation in advancing LGBTIQ rights. The course is structured to provide a comprehensive analysis of the legal position of LGBTIQ persons through international comparison. Students will also explore the importance of strategic litigation and advocacy as a tool for protecting LGBTIQ rights, as well as the legal challenges faced by LGBTIQ persons in the workplace and social security systems.

The principles of equality and non-discrimination are examined in detail, with particular emphasis on their application to LGBTIQ persons. Furthermore, the course delves into significant court rulings, especially those from the Czech Constitutional Court and the European Court of Human Rights, on gender identity and its implications for legal recognition and rights. By the end of the course, students will be equipped with an understanding of the legal challenges faced by LGBTIQ persons and will be prepared to contribute to the ongoing discourse on equality and human rights.

As part of the course, students will engage in the development of policy papers and essays that articulate legal recommendations aimed at enhancing the protection of the rights of LGBTIQ persons. These papers and essays will be presented during a dedicated workshop titled Policy Recommendations in the Area of Legal Protection of LGBTIQ Persons. In addition to articulating recommendations, these papers will be submitted to relevant decision-makers, who will also be invited to participate in the workshop to discuss and reflect on the proposed measures. As an alternative to policy papers, students will also have the opportunity to write an essay on topics discussed throughout the course, allowing them to delve deeper into specific areas of interest and demonstrate their understanding of the subject matter.

 

Upon successful completion of the course, outstanding students will be offered a unique opportunity to gain practical experience through legal counseling services provided by non-governmental organization Prague Pride. This hands-on experience will be supervised by legal experts, allowing students to apply their academic knowledge in real-world contexts. Students who participate in this practical experience will have the opportunity to earn academic credits through the subject “Legal Praxis in the Area of Human Rights”.

The course represents a unique development for the overall curriculum of the Faculty of Law, Charles University, as the outlined topic has not been yet complexly covered (as is standard on many Western universities). The course will be offered as a selective obligatory course to all students of the standard 5-year Master Program “Law and Jurisprudence”.

Syllabus of the Course Human Rights and LGBTIQ Persons 2024/2025 (Winter Semester)

1. 10. 2024 - Mgr. Karel Řepa, Ph.D.: Introduction and Organization of the Course; History of Constitutional Protection of LGBTIQ Persons

8. 10. 2024 - prof. JUDr. Helena Hofmannová, Ph.D.: Constitutional Regulation of the Legal Status of LGBTIQ Persons and Its Application

15. 10. 2024 - prof. JUDr. Helena Hofmannová, Ph.D.: European Regulation of the Legal Status of LGBTIQ Persons and Its Application

22. 10. 2024 - Mgr. Karel Řepa, Ph.D.: Same-sex Marriage and Constitutional Argumentation

29. 10. 2024 - Mgr. Karel Řepa, Ph.D.:  LGBTIQ Rights in Conflict with Other Human Rights: Religious Freedom and Freedom of Expression in Focus

5. 11. 2024 - prof. JUDr. Kristina Koldinská, Ph.D.: Principle of Equality and Non-Discrimination in Relation to LGBTIQ Persons

12. 11. 2024 - JUDr. Jakub Tomšej, Ph.D.: Enforcing LGBTIQ Rights in Non-Discrimination and Administrative Disputes: Key Agenda Items for 2024

19. 11. 2024 - JUDr. Jakub Tomšej, Ph.D.: Partnership of LGBTIQ Persons and Other Statutory Changes

26. 11. 2024 - Mgr. Lenka Křičková: LGBTIQ Families, Charter of the Fundamental Rights of the EU and EU Basic Freedoms

3. 12. 2024 - JUDr. Lucia Zachariášová: Perspectives on Advocacy of LGBTIQ Rights

10. 12. 2024 - Mgr. Petr Kalla: Rights of LGBTIQ Persons in Legal Practice and the Role of Strategic Litigation

17. 12. 2024 - prof. JUDr. Helena Hofmannová, Ph.D. and Mgr. Karel Řepa, Ph.D.: Final Discussion

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