Suchergebnisse

The present paper aims to evaluate persons' with disabilities, nongovernmental organisations' (NGO) and Office's of the Equal Opportunities Ombudsperson role and activities' impact in solving specific cases of discrimination. In this paper the impact of person and organisation is analysed in the context of Office of the Equal Opportunities Ombudsperson received complains of possible discrimination because of disability during January 2016 – April 2017 and data of interviews with NGO and Office of the Equal Opportunities Ombudsperson representatives. The activity of people who faced discrimination because of their disability is seen as an important condition in seeking to reinstate violated rights. The role of the person with disability in reinstating violated rights includes identifying discriminating conditions and violated rights, understanding competences of organisations protecting equal opportunities and rights (knowing where to ask for help), choosing the best way and strategy for reinstating violated rights, the expression of citizenship of persons with disabilities and their representatives, position of defender of violated rights (characterized by person's persistence, complying with one's position, related to clear identification of discriminating situation). This research shows that persons with disabilities expression of citizenship in participating in the process of reinstating violated rights, is revealed by observation of implementation of new projects and reconstructions, related to environments adaptation for persons with disabilities, queries and reaction, attention to other people's with disabilities who experienced social injustice and to their motivation to protect violated rights, sharing experience of protecting violated rights, using available tools to educate, inform society and representatives of different organisations, by showing personal example. Results of the research show how persons with disabilities level of activity while taking part in the process of defending violated rights is connected to sex, age and experience in NGO work or in the field of equal opportunities. Analysis of the claims presented to the Office of the Equal Opportunities Ombudsperson displays that during the period of research most actively defending their (possibly) violated rights were middle-aged (40-60 years) males with movement disabilities, mostly complaining about buildings and other objects not being adapted to people with disabilities, unequal benefits and other forms of financial injustice. Results of the research revealing achievements of NGO, their competences and focus, allows us to talk about NGO as subjects having power and able to represent persons with disabilities in reinstating their violated rights and possibilities. Individual impact of NGO for discriminated persons manifests by enabling them through consultations, providing information, redirecting to competent organisations and direct representation addressing to discriminating person / organisation, institutions ensuring implementation of equal rights or court. The NGO influence revealed during research to policy makers and legislators discussing and negotiating specific laws and regulations, to governmental and municipal organisations' activities and to suppliers of goods and services providing educating work and solving discriminating situations, is also beneficial to all persons with disabilities or separate groups of persons with disabilities. The research shows collective and individual impact of the Office of the Equal Opportunities Ombudsperson in the context of analysed cases of disability discrimination during the research time and collected data from interviews with representatives of NGO and the Office of the Equal Opportunities Ombudsperson. During the analysed period, the Office of the Equal Opportunities Ombudsperson influenced policy makers and legislators (who adapted laws and regulations, based on recommendations of the Office of the Equal Opportunities Ombudsperson), to suppliers of goods and services (who adjusted environment and provided equal opportunities to access of services the same as other persons, based on the Office of the Equal Opportunities Ombudsperson recommendations,), employers (who acknowledged discrimination fact; providing consultations about new Labour Code). The findings of this study indicates that in some cases just opening an investigation by the Office of the Equal Opportunities Ombudsperson and demanding the information about discriminating behaviour or conditions alone is enough as mean of influence. In some cases, individual and / or collective impact of the Office of the Equal Opportunities Ombudsperson is achieved without opening an investigation, only by redirecting a complaint to other relevant organisation(s). An impact assessment of the role and activities of individual and institutions in the context of specific cases of discrimination allows us to identify interactions and cooperation of individual and different institutions seeking to reinstate violated equal opportunities and rights of a person with disabilities. The role and activities of different institutions and individual is revealed by engaging in these stages of reinstating equal opportunities and rights (or some of them): identifying discriminating situation – defining the problem, taking over the solution to the discriminatory problem, solving the discriminatory problem and sharing the results of the solution – publicity. In the context of specific cases, discovered impact of different institutions shows importance of interpersonal, interinstitutional and intersectoral cooperation in seeking reinstate violated opportunities and rights of persons with disabilities. During the investigation period the greatest difficulties, while seeking to reinstate violated opportunities and rights of persons with disabilities, were caused by insufficient cooperation between state and municipal institutions and organisations and the creation of obstacles to solving a discriminatory situation. Problems were also caused by the suppliers of services unwillingness to cooperate and ignoring of appeals made by the Office of the Equal Opportunities Ombudsperson as well as the lack of unity of people with disabilities.

Ever since 1992 UN global conference on Environment and Development (UNCED) in Rio de Janeiro the countries that took part in this global event agreed upon the development of the concept of sustainable development. This latter concept has become the basis and as well the main objective of the international environmental regime, trying to fulfill it to its highest theoretical level. The concept of sustainable development is pointed at the balance of three different spheres: economical, social and environmental, at the same time not prioritizing any of them, thus making sure none of them is superior to others. Considering the main idea of the latter concept it is seen why it has become so important in the years from the day it was presented – today the humanity has to deal with constantly developing environmental problems and their caused aftermaths which have a close link with the globally acknowledged human rights. Such aftermaths infringe the human rights as well as the principles of the common welfare deriving from them, like the right to clean environment, to shelter, to food, to water and, of course, the most fundamental rights of all – the right to health and the right to life. It is important to mention that a number of people that pattern of life is being affected by the actual global environmental problems (such as climate change, water, ground and air pollution, ineffective waste management or naturally or human-caused environmental degradation) is constantly growing and has an increasing tendency to grow unless these problems are effectively addressed internationally. The main objective of this master's work is to determine the specifics of the actual global environmental problems, what international legal instruments cover them, to determine the effectiveness of their regimes and what value they provide towards the creation of the global environmental system that would ensure sustainability in reaching international environmental law solutions. Trying to make sure how the international environmental law instruments and their regimes work the following aspects are reviewed: 1) today's ecological situation in the world, today's ecological problems and what relation they have with the fundamental welfare principles derived from the human rights; 2) theoretical model of sustainable development and the role of the European Union as one of the most ecologically aware actors in the international arena; 3) specifics, efficiency and implementation problems of the international environmental instruments which regulation is addressed to climate change such as United Nations Framework Convention on Climate Change and Kyoto Protocol; 4) regimes of the international waste management (including dry land as well as water, seas and ocean areas), their efficiency, implementation problems and methods addressed to waste prevention; 5) status of ecological refugees – how they are treated and what dangers as well as legal problems they are facing. The hypothesis of this mater's work is as follows: The international solution of the global environmental problems can be ensured implementing today's international environmental legal instruments and together with them ensuring creation of the international sustainable environmental system. Considering the analyzed data and the legal scholars' opinions considered in this work it is seen that the latter hypothesis is not proved out. It is seen that both, implementing international environmental legal instruments and creation of the international sustainable environmental system with the regimes deriving from such instruments, depend on several factors that are primarily related to separate states and their sovereign power. Moreover, while many states (especially the states referred as the third world countries) are not financially strong to consider the possibility to invest a lump sum of money in order to fight environmental problems, there are concerning cases when a bunch of economically strong states is not even considering such behavior – they are simply not willing to lose their economic competitive ability abiding the rules of international environmental legal instruments addressed to prevent certain factors that have a significant footprint in a progress of the environmental problems that are being faced, for example, the case with the climate change and following obligations to reduce emissions. We can see that there is a specific legal vacuum when the states that have previously ratified specific international legal instruments, for example Kyoto Protocol, can even avoid common obligations that other states obligate themselves to follow (for example the case with Russia, Japan and Canada when these countries simply opted out from the second commitment period (2013 to 2020) of the Kyoto Protocol due to strict emission obligations) – such imperative-free option is one of the main reasons why the idea of international sustainable environmental legal system is in a stage of stagnation. Therefore, now we can see that implementation of sustainable development principle is only possible in state and regional level (as common states' initiative, for example, the case of the European Union and its member states). Meanwhile, the global level is considered to be a future objective, a pursuable model of environmental international cooperation which at the given moment is only possible on a theoretical plane.

Ever since 1992 UN global conference on Environment and Development (UNCED) in Rio de Janeiro the countries that took part in this global event agreed upon the development of the concept of sustainable development. This latter concept has become the basis and as well the main objective of the international environmental regime, trying to fulfill it to its highest theoretical level. The concept of sustainable development is pointed at the balance of three different spheres: economical, social and environmental, at the same time not prioritizing any of them, thus making sure none of them is superior to others. Considering the main idea of the latter concept it is seen why it has become so important in the years from the day it was presented – today the humanity has to deal with constantly developing environmental problems and their caused aftermaths which have a close link with the globally acknowledged human rights. Such aftermaths infringe the human rights as well as the principles of the common welfare deriving from them, like the right to clean environment, to shelter, to food, to water and, of course, the most fundamental rights of all – the right to health and the right to life. It is important to mention that a number of people that pattern of life is being affected by the actual global environmental problems (such as climate change, water, ground and air pollution, ineffective waste management or naturally or human-caused environmental degradation) is constantly growing and has an increasing tendency to grow unless these problems are effectively addressed internationally. The main objective of this master's work is to determine the specifics of the actual global environmental problems, what international legal instruments cover them, to determine the effectiveness of their regimes and what value they provide towards the creation of the global environmental system that would ensure sustainability in reaching international environmental law solutions. Trying to make sure how the international environmental law instruments and their regimes work the following aspects are reviewed: 1) today's ecological situation in the world, today's ecological problems and what relation they have with the fundamental welfare principles derived from the human rights; 2) theoretical model of sustainable development and the role of the European Union as one of the most ecologically aware actors in the international arena; 3) specifics, efficiency and implementation problems of the international environmental instruments which regulation is addressed to climate change such as United Nations Framework Convention on Climate Change and Kyoto Protocol; 4) regimes of the international waste management (including dry land as well as water, seas and ocean areas), their efficiency, implementation problems and methods addressed to waste prevention; 5) status of ecological refugees – how they are treated and what dangers as well as legal problems they are facing. The hypothesis of this mater's work is as follows: The international solution of the global environmental problems can be ensured implementing today's international environmental legal instruments and together with them ensuring creation of the international sustainable environmental system. Considering the analyzed data and the legal scholars' opinions considered in this work it is seen that the latter hypothesis is not proved out. It is seen that both, implementing international environmental legal instruments and creation of the international sustainable environmental system with the regimes deriving from such instruments, depend on several factors that are primarily related to separate states and their sovereign power. Moreover, while many states (especially the states referred as the third world countries) are not financially strong to consider the possibility to invest a lump sum of money in order to fight environmental problems, there are concerning cases when a bunch of economically strong states is not even considering such behavior – they are simply not willing to lose their economic competitive ability abiding the rules of international environmental legal instruments addressed to prevent certain factors that have a significant footprint in a progress of the environmental problems that are being faced, for example, the case with the climate change and following obligations to reduce emissions. We can see that there is a specific legal vacuum when the states that have previously ratified specific international legal instruments, for example Kyoto Protocol, can even avoid common obligations that other states obligate themselves to follow (for example the case with Russia, Japan and Canada when these countries simply opted out from the second commitment period (2013 to 2020) of the Kyoto Protocol due to strict emission obligations) – such imperative-free option is one of the main reasons why the idea of international sustainable environmental legal system is in a stage of stagnation. Therefore, now we can see that implementation of sustainable development principle is only possible in state and regional level (as common states' initiative, for example, the case of the European Union and its member states). Meanwhile, the global level is considered to be a future objective, a pursuable model of environmental international cooperation which at the given moment is only possible on a theoretical plane.

Ever since 1992 UN global conference on Environment and Development (UNCED) in Rio de Janeiro the countries that took part in this global event agreed upon the development of the concept of sustainable development. This latter concept has become the basis and as well the main objective of the international environmental regime, trying to fulfill it to its highest theoretical level. The concept of sustainable development is pointed at the balance of three different spheres: economical, social and environmental, at the same time not prioritizing any of them, thus making sure none of them is superior to others. Considering the main idea of the latter concept it is seen why it has become so important in the years from the day it was presented – today the humanity has to deal with constantly developing environmental problems and their caused aftermaths which have a close link with the globally acknowledged human rights. Such aftermaths infringe the human rights as well as the principles of the common welfare deriving from them, like the right to clean environment, to shelter, to food, to water and, of course, the most fundamental rights of all – the right to health and the right to life. It is important to mention that a number of people that pattern of life is being affected by the actual global environmental problems (such as climate change, water, ground and air pollution, ineffective waste management or naturally or human-caused environmental degradation) is constantly growing and has an increasing tendency to grow unless these problems are effectively addressed internationally. The main objective of this master's work is to determine the specifics of the actual global environmental problems, what international legal instruments cover them, to determine the effectiveness of their regimes and what value they provide towards the creation of the global environmental system that would ensure sustainability in reaching international environmental law solutions. Trying to make sure how the international environmental law instruments and their regimes work the following aspects are reviewed: 1) today's ecological situation in the world, today's ecological problems and what relation they have with the fundamental welfare principles derived from the human rights; 2) theoretical model of sustainable development and the role of the European Union as one of the most ecologically aware actors in the international arena; 3) specifics, efficiency and implementation problems of the international environmental instruments which regulation is addressed to climate change such as United Nations Framework Convention on Climate Change and Kyoto Protocol; 4) regimes of the international waste management (including dry land as well as water, seas and ocean areas), their efficiency, implementation problems and methods addressed to waste prevention; 5) status of ecological refugees – how they are treated and what dangers as well as legal problems they are facing. The hypothesis of this mater's work is as follows: The international solution of the global environmental problems can be ensured implementing today's international environmental legal instruments and together with them ensuring creation of the international sustainable environmental system. Considering the analyzed data and the legal scholars' opinions considered in this work it is seen that the latter hypothesis is not proved out. It is seen that both, implementing international environmental legal instruments and creation of the international sustainable environmental system with the regimes deriving from such instruments, depend on several factors that are primarily related to separate states and their sovereign power. Moreover, while many states (especially the states referred as the third world countries) are not financially strong to consider the possibility to invest a lump sum of money in order to fight environmental problems, there are concerning cases when a bunch of economically strong states is not even considering such behavior – they are simply not willing to lose their economic competitive ability abiding the rules of international environmental legal instruments addressed to prevent certain factors that have a significant footprint in a progress of the environmental problems that are being faced, for example, the case with the climate change and following obligations to reduce emissions. We can see that there is a specific legal vacuum when the states that have previously ratified specific international legal instruments, for example Kyoto Protocol, can even avoid common obligations that other states obligate themselves to follow (for example the case with Russia, Japan and Canada when these countries simply opted out from the second commitment period (2013 to 2020) of the Kyoto Protocol due to strict emission obligations) – such imperative-free option is one of the main reasons why the idea of international sustainable environmental legal system is in a stage of stagnation. Therefore, now we can see that implementation of sustainable development principle is only possible in state and regional level (as common states' initiative, for example, the case of the European Union and its member states). Meanwhile, the global level is considered to be a future objective, a pursuable model of environmental international cooperation which at the given moment is only possible on a theoretical plane.