Optional Courses (5 ECTS):
1. Healthcare in Cultural and Religious and other Perspectives – in charge: dr. van Beersel Krejčíková
Healthcare in the 21st century is heavily reliant on highly sophisticated technology and know-how. The impact they have on life and death matters has called for new and creative legal responses. However, the resultant legal framework often embraces secular values and is reflective of the Western liberal-individualist tradition. This may lead to the marginalisation of other cultural and religious viewpoints and practices. This course aims to draw attention to the philosophical presuppositions which underlie healthcare law and explores how alternative practices can be accommodated within the existing legal framework.
a. Culturally- and Religiously-Sensitive Healthcare Law: An Introduction
b. Medical Decision-Making: Individualism v Communitarianism
c. Jehovah’s Witnesses and The Refusal of Blood Transfusion
d. Medical Futility: Termination of Life-Support and Religious Exemption
e. Conscientious Objection to Contraception and Abortion
f. Accommodating Religious Objections to Neurological Death
g. Cultural and Religious and other Perspectives in Healthcare – Czech experiences
2. Public Health - in charge: prof. Damohorský, dr. Sobotka
a. Public Health in the Czech Republic and EU – General Overview
b. Potable Water and Other Water Reserves
c. Protection against Noise and Vibrations
d. Ionizing Radiation protection and Electromagnetic Waves Protection
e. Law Related to Spas and Wellbeing Facilities
f. Veterinary and Phytosanitary Care Law
g. Law Concerning Practicing of Sport and Other Physical Activities in Free Nature
h. Public Health Authorities
3. US and European Perspectives on Health Related Issues in Sport - in charge: Davidson, J.D.
The Anglo-American legal system and its various instruments often influence the organisation of sport events and the position of legal persons and individuals involved therein. Thus the differences between European and (mainly) U.S. way of organizing sport and possible different ways of enforcing one´s rights will be exposed in this course.
a. Protection of Health of Athletes in the Anglo-American Legal Culture
b. Athletes´ Health, Injuries and Torts Law
c. Differences from the European Concept of Organisation of Sport and Protection of Health of Athletes
d. Role of Players´ Unions in the Protection of Health of the Athletes
e. Damages due to Lack of Protection of Health of Players on the Side of the Organizers of the Leagues and Competitions
f. Case Study
4. Civil and Criminal Liability in Sport, Contractual Obligations in Sport - in charge: dr. Sup, mgr. Kučera
Modern sport is an interplay of various actors. Most collective as well as some individual sports involve direct physical contact of various intensity between the individual athletes. Also in purely private activity, such as skiing, certain health hazards are involved. The first part of the course thus seeks to provide overview of the roots of civil liability as well as criminal responsibility for physical injuries caused during sport activities. However, the sporting sector has also become the field of vast commercial activity, where not only leagues, clubs and athletes are involved but also agents, supporting staff, media, sponsors etc. We may therefore also speak about commercial exploitation of physical performance of another person. The second part of the course will therefore invite the participants to analyze various contractual forms in sport.
a. Subjects in Sport and Their Interactions
b. Nature of Sport Rules and Their Relevance in Determination of Liability for Injuries
c. Concept of Civil Liability for Sport Injuries
d. Criminal Liability of an Athlete
e. Contracts and Sport
f. Legal Specifics of a Professional Contract of an Athlete
g. Supervision of the Sport Associations over the Contractual Standards and Performance of the Contracts
h. Other Important Types of Contracts in Sport – Players´ Agents and Intermediaries, Media Rights, Licensing etc.
5. Doping, Health and Law - in charge: dr. Haindlová
Doping has become a huge phenomenon in the world of sport since the early 20th century. Doping as such is directly connected with the physical performance and health condition of professional athletes and due to various high-profile cases of doped athletes it has become recently one of the most discussed topics in connection with professional sport. On one hand the fight against the doping can be seen as a tool to secure fairness in competitions, on the other hand it is not unusual to encounter opinions that the current system of the fight against the doping is encroaching on the individual rights of the athletes. Both perspectives will be discussed here in order to allow the participants their independent evaluation of these issues.
a. Doping in Sport – Its Development, General Notion and Forms, Harmful Effects
b. Legal Fight against Doping in Sport – From International Olympic Committee to
World Anti-Doping Agency, National Legislation on Doping
c. WADA Code and its Main Principles; Is Doping Testing Compatible with Human Rights of the Athletes?
d. Objective Liability for Doping, Whereabouts Control
e. Therapeutical Use Exceptions (TUEs) from Legal Perspective
f. Biological Passport of an Athlete from Legal Perspective
g. Case Study (Alberto Contador Case, Roman Kreuziger Case)
h. Case Study (Claudia Pechstein Case)
4. Dispute Resolution in Sport-Related Matters - in charge: dr. Kohout
Due to many specifics in the area of sport, which usually require fast decisions concerning the rights and obligations of various subjects involved, the sport associations have created an internal system of bodies, which deal with any disputes that may arise in that particular discipline. Be it a doping case, dispute over a professional contract between a club and its player or contumacy of a match etc., such cases are usually dealt with by specific sport tribunals in an expedited way. However, this does not mean that state courts or European courts would not play an important part in the jurisdiction over the sport-related disputes. The interplay of various decision-making bodies relevant for sport will be analyzed in this course.
a. Alternative Dispute Resolution vs. State Courts – Specifics of Dispute Resolution in Sport
b. Authority of Sport Associations to Decide about Athlete´s Rights and Duties
c. Types of Proceedings before Bodies of the Sport Associations
d. Court of Justice of the EU and European Court of Human Rights – Jurisdiction over Cases Related to Rights of Athletes
e. Court of Arbitration for Sport I. – Emergence, General Concept, Types of Proceedings
f. Court of Arbitration for Sport II. – Leading Case-Law
g. Court of Arbitration for Sport III. – Recent Challenges and Future of ADR in Sport
h. Jurisdiction in Specific Cases – Doping; Olympic Games