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Lecturer(s)
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Tomoszek Maxim, JUDr. Ph.D.
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Vašíčková Andrea, JUDr.
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Madleňáková Lucia, JUDr. Ph.D.
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Course content
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The first class will focus on methods of work of ombudsman as a necessary prerequisite for the placement in the office of ombudsman. In the following five classes, students will address different areas of social rights related to activities of ombudsman (based on current agenda of ombudsman), such as right to private and family life, institutionalized children, equal access to education, selected aspects of social security law (position of student in the system, deductions from rent, s-Cards), social services and social benefits for people with disabilities, equal access to housing, representation of child in court, findings from systematic visits, employment of foreign nationals etc.
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Learning activities and teaching methods
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Monologic Lecture(Interpretation, Training)
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Learning outcomes
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The course Social Rights Legal Clinic allows the students to acquire practical experience with application of legal regulation in the area of social rights falling within the scope of operation of ombudsman. The course has significant practical orientation, even the theoretical classes will mainly consists of analyzing real cases. The course promotes complex and multi-disciplinary approach, not only regarding different areas of national law, but also using international law and non-legal documents. This complex approach will develop students' skills of legal argumentation and use of different interpretation methods. At the end of the course, the students will be able to evaluate the competence of ombudsman to solve particular cases, to assess different problems in the area of public law, analyze the relevant legal regulations and identify the institutions responsible for the particular agenda. Students will be able to draft a report of inquiry of ombudsman as a complex document containing factual information and legal argumentation assessing the actions of public authorities based on relevant case-law and suggesting remedies. The course will not only focus on inquiries regarding the actions of public authorities, but also on specifics of ombudsman's role as a national prevention mechanism and national body for equal treatment and protection from discrimination.
In this subject, the students will improve their skill of practical application of law during the assessment of everyday administrative practice of public authorities within the scope of competence of ombudsman. The students will understand and be able to apply in practice the competences of ombudsman as a national preventive mechanism and national body for equal treatment and protection from discrimination. The students will also develop the ability to recognize the relevant aspects of the legal case at hand (usually submitted by person without legal education) and ability to strategically aim at the outcome of the case.
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Prerequisites
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The course Social Rights Legal Clinic has no prerequisit courses.
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Assessment methods and criteria
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Student performance
The requirements to pass the subject are active participation in classes, proper preparation for classes, and successful completion of the semestral project.
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Recommended literature
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Motejl, Otakar; Černá, Iva; Panovská, Klára; Matyášová, Petra. Rodina a dítě (sborník stanovisek), 2007, dostupné na www.ochrance.cz.
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Motejl, Otakar; Hrubý, Jiří; Šalomounová, Jitka; Kantořík, Pavel; Pavlíčková, Kateřina. Důchody (sborník stanovisek), 2009, dostupné na www.ochrance.cz..
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Souhrnné zprávy veřejného ochránce práv 2009 -2012 dostupné na www.ochrance.cz.
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Sládeček, V. (2011). Zákon o Veřejném ochránci práv : komentář. 2. vyd.. C. H. Beck, Praha.
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Šabatová, A. Ombundsman a lidská práva. 1.vyd. Praha: Linde a. s., 2008. 200 s. ISBN: 978-80-7239-229-2..
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