The Concept of Childhood Under Ethiopian Laws

The Concept of Childhood under
Ethiopian Laws
• The term “child” is not specifically defined under Ethiopian law.
Instead, Ethiopian laws make use of such terms as “minors”, “infant”.
“Young workers” or “young persons” of the Revised Family Code deals
with minors.
• The Revised Family Code defines a “minor” as a person of either sex
who has not attained the full age of eighteen years old.
• Based on the Revised Family Code and Family Codes adopted by other
Regional States in Ethiopia, it is possible to assert that the general age
of majority in the country is 18 years.
• Article 1 of the Ethiopian Civil Code stipulates that one becomes a
holder of rights and duties from the moment of birth onwards.
• However, Article 2 of the Civil Code also provides exceptional
circumstances whereby personality may commence from the moment
of conception.
• The Civil Code assures the unborn child of the right to property if his
or her interest so requires and if he or she is born alive and viable if
the father dies intestate.
Ethiopian Constitution on Child’s Right
• Article 36 of the Ethiopian constitution outlines the fundamental
rights of children in Ethiopia. The article states that:
1. All children are entitled to a name and a nationality from birth.
2. Children have the right to family care, or to suitable alternatives when
it is necessary for their best interests or welfare.
3. Children are entitled to basic nutrition, shelter, and health services.
4. Children have the right to free education at least at the elementary
level.
5. Children shall not be subjected to any exploitative labor practices.
6. Children shall be protected from all forms of abuse and harmful practices.
7. Children have the right to be protected from social and economic
exploitation, as well as from involvement in illicit activities.
8. Children have the right to participate fully in cultural and artistic life
according to their best interests and needs.
9. Children have the right to receive protection and assistance in the case of
abduction, sale, trafficking, or other forms of exploitation.
10. Children have the right to legal assistance and a fair trial in
accordance with international human rights standards.
11. Children have the right to freedom of thought, conscience, and
religion, according to their best interests.
• The Ethiopian constitution recognizes children as rights holders and
affirms that they are entitled to the care, protection, and wellbeing
necessary for their healthy development.
Children’s Rights under Ethiopian National
Policies
• Ethiopian government has adopted several major policies.
• They are aimed at ensuring that children are given opportunities,
services and facilities to develop in a healthy manner.
• Ethiopia has developed a draft Comprehensive National Child Policy
with due consideration of the principles and provisions of the CRC
and ACRWC to guide the work of various actors dealing with children
and also promote the rights of children.
The policy emphasizes on three central strategies,
1) development and growth
2) prevention and protection, and
3) rehabilitation, care and support.
• The draft Social Protection Policy, under active consideration, dwells
upon the welfare and developmental needs of children and women.
• The policy aims at addressing the welfare issues of vulnerable groups
including children.
• Ethiopia also adopted a National Youth Policy in 2004. The policy
aims to address children related issues ranging from education to
protection.
Locally adopted policies on children’s right and protection
• In Ethiopia, there are several policies and regulations that focus on
children's rights and protection. Some of these policies include:
1. The National Child Policy: This policy aims to protect children's
rights by ensuring their survival, development, protection, participation,
and equality
2. The Family Law: This law is a comprehensive legal framework that
provides guidance on child custody, protection, and care.
3. The Criminal Code: This code provides a legal framework for
prosecuting child abuse, neglect, trafficking, and exploitation.
4. The Education Policy: This policy aims to provide free, compulsory,
and quality education for all children in Ethiopia.
5. The Labor Proclamation: This proclamation outlines the legal
framework for regulating labor practices in Ethiopia.
Court system for Children’s in Ethiopia
• In Ethiopia, there is a specialized court system for children known as
the Federal First Instance Court, Children and Women’s Affairs.
• This court system is responsible for hearing cases related to children,
juveniles, and women.
• The Federal First Instance Court, Children and Women’s Affairs hears
cases related to child abuse, neglect, exploitation, and trafficking.
• The court system for children in Ethiopia is designed to ensure that
children receive special protection and treatment under the law, in
accordance with the UNCRC.
• The court has the power to order rehabilitation and counseling
services, as well as to impose penalties and fines for those found
guilty of violating children's rights.
• However, access to justice, particularly for children living in rural areas
is one of the factor that challenges the court system.
• Despite these challenges, the court system for children in Ethiopia is
an important mechanism for promoting and protecting children's
rights.

The Concept of Childhood Under Ethiopian Laws

Uploaded by

Copyright:

Available Formats

The Concept of Childhood Under Ethiopian Laws

Uploaded by

Document Information

Original Description:

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

The Concept of Childhood Under Ethiopian Laws

Uploaded by

Copyright:

Available Formats

The Concept of Childhood under

You might also like