17 research outputs found

    The Right to Reparation for Human Right Violation in Ethiopian Legal Framework

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    This term paper explores the place of the right to reparation of victims of human right violation in the present Ethiopian Legal Frame work .It inquiries whether victims of human right violation  have a legally recognized substantive right to reparation within the current Legal frame work. It examines if there are sufficient legal mechanisms that provide for their treatment and reparation when they bring cases before our courts. A detour to survey of emerging trends is also made with a view to bring the issues under consideration in broader perspectives. After a thorough analysis of the existing legal framework in Ethiopia, the article finally concludes that victims of human right violation currently (1) do not have adequate recognition,  and (2) are without sufficient legal mechanisms which provide for their treatment and reparation in the justice system. Hence, the writer  recommends for the formulation of   a comprehensive law & the inclusion of state reparatory scheme so that  the  special concerns, needs, interests and sufferings of victims will be addressed as to the international standard. Keywords: reparation, victims of human rights violation, Ethiopi

    The Ethiopian Statutory Rape Law in Light of Human Rights Approach

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    Statutory rape refers to sexual relations involving someone below the "age of consent." People below the age of consent cannot legally consent to having sex. This means that sex with them, by definition, violates the law. Statutory rape laws vary by state, with states setting the age of consent differently, as well as using different names to refer to this crime. Ethiopian statutory rape provided under laws addressing injury to sexual liberty and chastity. This article will examine the Ethiopian statutory rape law in light of human right approach. During the investigation of the Federal Supreme Court Cassation Division Decision, the constitution of Ethiopian  and international human right instruments shows that this statutory provision violate the victims and the defendants human right. Keywords: human right, rape, statutory, sexuality. DOI: 10.7176/JLPG/97-01 Publication date:May 31st 202

    An Assessment of Ethiopian Law of Abortion: A Human Rights Approach

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    Abortion is an argumentative issue over years by those who favor its criminalization by stating that it is killing a life basing their arguments mainly on religion and moral grounds while on the other hand the rights of women to their autonomy, liberty and privacy is raised by the proponents of the right to abortion. This paper deals assesses the status of the right to abortion in Ethiopia in light of the debates and the human rights of women as enshrined in the constitution as well as in international human rights instruments. I chose this title as there are women suffering from the prohibitions of the criminal code to abortion upon request and forced to go through illegal and unsafe abortions which endanger their health seriously which is even resulting the death of very many, as researches show. In doing so the paper is classified into four sections the first dealing with the debates and the second is dealing with the status of human rights instruments towards the right to abortion and the third one analyses the Ethiopian law while the last section is left for conclusions and recommendations

    Migrant Workers Rights under the Ethiopian Legal System

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    The FDRE Constitution clearly states that freedom of movement as one of the basic human rights is protected in Ethiopia (Art 32). Using this right many Ethiopians have and are moving from place to place for earning a living or various other reasons within the country and abroad. Ministry of Labour and Social Affairs (MoLSA) estimates that around 1.5 million Ethiopians had left the country illegally between the years 2008 and 2014. While, 480,480 Ethiopians went to Arab countries legally during these years.[1] It is only a recent phenomenon that the 30 Ethiopian migrant workers were beheaded in Libya by ISIS, whose evil act put all Ethiopians in deep sorrow. Furthermore, when terrible stories and the sufferings of a huge number of Ethiopians particularly women living and working in Middle East countries had become common phenomena, the government had banned (Human Rights Watch, 2012) the travel for Middle East countries with a view to protecting its citizens from harsh treatments and sufferings in the hands of illegal Foreign Employment agencies and irresponsible employers as well. Following these and other similar events the Ethiopia government has taken and is taking different legal, political and practical measures that aimed at protecting Ethiopia migrant workers abroad. The main objective of this term paper is, therefore, to critically evaluate the Ethiopia legal system in respect to the protection it makes available to the rights of migrant workers. [1] Protecting labour migration through legal means, The Ethiopia Herald, vol. XIX, No.67 29Augest 201

    Promotion and Protection of Women’s Right to Sexual and Reprouctive Health Under Ethiopian Law

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    A woman’s right to sexual and reproductive health is an essential element of international human rights law. According to this body of law, States are required to take all appropriate measures to respect, protect, and fulfill that right. In addition, the Convention on the Elimination of All Forms of Discrimination Against women (CEDAW) obliges States to pursue this right within the context of a broader policy aimed at the elimination of discrimination against women and the removal of all female stereotypes. Worldwide there is a growing recognition of the health damage inflicted on women and men as a direct or indirect result of human rights violations.[1] Unlike men, however, women not only have to fear human rights violations because they are human beings, but also because of their gender. The vulnerability of women to human rights violation as well as to health damage is often perpetuated by repressive laws. In this respect it should be noted that sexuality and reproductive health issues – including ages of consent, homosexuality and bisexuality, abortion, and other matters are often exclusively defined within the realm of the criminal law system even though they are presented as threats to individuals or public health. The health and human rights impacts of both sexuality and reproductive health are now widely known. This has not, however, always resulted in legal reform and the abolition of outdated laws.[2] In spite of slow progress, however, there is an undeniable, worldwide reappraisal of health as human rights issues. Ethiopia has shown its commitment to protect and promote the women’s sexual and reproductive health through ratification and accession of international legal regime, incorporating it in the domestic system is yet at an early stage. The protection and promotion of the right entails detailed laws and implementation structures besides constitutional and policy framework. This essay will analyze the role Government can and should play in ensuring the realization of women’s sexual and reproductive health as part of their overall responsibility toward the promotion and protection of women’s health. [1] Jonathan M. Mann et al., Health and Human Rights, 1 Health and Human Rts. 6-23 (1994). [2] Sheila Martin, A Woman Centered Approach to Laws on Human Reproduction, in HUMAN RIGHTS IN THE TWENTY-FIRST CENTRY: A GLOBAL CHALLENGE 905-18 (Kathleen E. Mahoney & Paul Mahoney eds., 1993)

    Domestic Workers and the Right to Primary Education in Ethiopia: Evaluating the Adequacy of the Legal Framework

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    DOI: 10.7176/JLPG/86-01 Publication date:June 30th 2019 1. Introduction Domestic work is a predominately female-dominated sector that is poorly regulated and often unprotected by labour law or outside the scope of labour legislation and face serious decent work deficits. Moreover, issues of gender also come into play heightening the weak bargaining power of domestic workers. Their isolation and vulnerability as workers is made more complex by their invisibility in private homes and their dependence on the good will of their employers.[1] According to the most recent global and regional estimates produced by the ILO, at least 52.6 million women and men above the age of 15 were domestic workers in their main job. This figure represents some 3.6 percent of global wage employment. Women comprise the overwhelming majority of domestic workers, 43.6 million or some 83 per cent of the in the world.[2] Around 70 per cent of domestic workers across Africa are women. In Africa, 13.6% of all female wage employees are domestic workers. Being an important entry point for women into the labour market, improving working conditions in the sector has broader ramifications for greater gender equality in many countries.[3] Even if not an exact count for different factor all over the world, in Ethiopia also women share more than 90% of total domestic worker in the entire country.[4] Yet in today’s society, domestic work is vital for the economy outside of the household to function. The current levels of growth and welfare would not be the same without the contribution of domestic workers. The massive incorporation of women in the labour force, the ageing of societies, the intensification of work and the lack and inadequacy of public policy to facilitate the reconciliation of family life and work clearly underpin this trend. Most domestic workers come from poor households and have generally low levels of education and few marketable skills, other than their skills in keeping house and caring for others. Alongside working long hours for little or no pay, many suffer physical and sometimes sexual abuse, are denied their right to go to school.[5]Convention No. 189 and Recommendation No. 201, adopted by International Labour Conference in 2011 and gave a clear message about Domestic workers, like other workers, have the right to decent working and living conditions. The Convention provides for minimum protection of domestic workers, this enables domestic worker to develop themselves, including education, in several aspect.[6] [1] Asha D’souza, moving toward decent work for domestic worker, 17ff, 2010. [2] .www.ilo.org/publns, decent  decent work for domestic worker,29 ,2011. [3] www.au.int, special initiative on domestic worker in Africa. 16,2015. [4] Helen Schwenken ET AL, domestic worker count,  10ff, 2011. [5] .ITUC action guide , decent work, decent life for domestic  worker, 4ff, 2010. [6] . supra not 2 pp1

    The Gender Equality and Basic Education in Ethiopia

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    Education has been pointed out as a tool for democracy, multiculturalism and diversity by the international development sector. This article has posed the problem formulation investigating how the Ethiopian Education policy and legal framework address and shape inequalities in the education system and primarily those related to gender. Currently, girls’ education has also received great attention because, in the words of the United Nations, education is not only a right but a passport to human development. Evidence has been mounting on the pivotal role that educating a girl or a woman plays in improving health, social, and economic outcomes, not only for herself but her children, family, and community. However, girls and women constitute a majority of those who remain deprived of education as evidenced by the low level of their education and the prevailing obstacles to their access to education at all levels. Despite Ethiopia has brought some economic progress over the last decade, it remains one of the poorest countries in the world in terms of several economic parameters. In fact, the Ethiopian government acknowledges that promoting gender equality for Ethiopia where women constitute approximately half of the populace is not only in the best interest of the society at large, but also fundamentally that of ensuring the human and democratic rights of women. Keywords: Education, Girl, Gender, Equality and Ethiopia DOI: 10.7176/JEP/10-16-05 Publication date:June 30th 201

    Domestic Workers and the Right to Primary Education in Ethiopia: Evaluating the Adequacy of the Legal Framework

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    In Ethiopia, recognition is given for domestic worker’s rights in different dimensions. However, domestic workers are most vulnerable groups for abuses and violation of their human rights. In addition; the right to education of domestic workers has been grossly neglected by the state. Arguing that the policy and legislative initiatives are a prerequisite to the realization of the right to education of domestic workers, the paper explores the legal gaps in realization of domestic workers right to education.. Furthermore, the study develops an analytical framework for the right to education of domestic workers, derived from Ethiopian ratified international and regional legal instruments which guarantees the right to domestic workers. Keywords: Domestic workers, Education, Human rights, Ethiopia DOI: 10.7176/DCS/9-6-02 Publication date:June 30th 201

    The Right to Adequate Food and Its Implementation in Ethiopia

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    International law recognizes the right of everyone to adequate food and the fundamental freedom from hunger and malnutrition. The article is to determine whether the right to adequate food was realized in Ethiopia in reference to the normative content of the human right to adequate food and to identify and discuss existing constraints in attaining food adequacy, availability and accessibility.According to this Article, the right to adequate food in Ethiopia can be inferred from both substantive provision like article 15, 40-43 and social policy objectives under article 90. This right could further be unequivocal when we see those articles of the same Constitution with ratified regional and international instruments more specifically article 11 of ICSECR and its GC-12. Regardless of legal recognition, ensuring the enjoyment of this right by vulnerable poor individuals remains a complex matter, particularly economic access at all times to adequate food and means for its procurement hardly possible for street children in study area. Its realization was hindered by lack of adequate national legislation and policy frameworks, lack of awareness about recourse mechanism and content of right to adequate food, lack of direct government provision of food and inadequate incorporation of human right based approach to efforts of food security for vulnerable and this article provided possible recommendation for future. Keywords: Food, human rights, implementation and Ethiopia DOI: 10.7176/JLPG/136-02 Publication date:September 30th 202

    Statistical Modeling on Determinants of Traffic Fatalities and Injuries in Wolaita Zone, Ethiopia

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    Road traffic accidents are a major public health concern In developing countries road traffic accidents are among the leading cause of death and injury Ethiopia experiences the highest rate of such accidents in Sub-Saharan Africa Out of all the accidents registered in Ethiopia Addis Ababa accounts for 60 on average especially in Wolaita zone more 25 on average The objective of this study is to identify factors that contribute to the occurrence of road traffic accidents leading to human injuries and death For study purpose we employed ordinal logistic regression models to identify factors influencing traffic fatalities and injuries Stratified sampling with proportional allocation and simple random sampling technique are used to select samples from recorded frame The result of ordinal logistic regression analyses shows that drivers aged 18-30 years caused the largest number of accident
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