Child Participation: A Forgotten ‘P’ Under the Ethiopian Legal System?

Abstract

The Federal Democratic Republic of Ethiopia’s 1995 Constitution
has been praised for its long and relatively comprehensive list of
human rights, providing for the rights of the child under Article 36.
However, it has not categorically specified the principles underlying
these rights, which are enshrined in the United Nations Convention on
the Rights of the Child, 1989 (CRC), and the African Charter on the
Rights and Well-being of the Child, 1991 (ACRWC). Thus it is logical
to question the constitutional placement of these principles. This article
analyzes one of the basic principles upon which the rights of the child
are established, i.e., participation. The author attempts to evaluate the
place of children’s right to participation within the hierarchy of the
Constitution and the legal system it establishes.
Although the Constitution does not explicitly provide for participation
as one of the principles underlying the rights of the child in the CRC
and the ACRWC, Ethiopian legislation as well as practice in the legal
system affords opportunities in which children’s right to participate may
be implemented. Thus, the author recommends that the Constitution be
read critically where the rights of the child are concerned, and further
recommend the strengthening of practices that recognize children’s
right to participation and the creation of more space to accommodate it
properly, as there are limitations at present in these areas. Finally, the
the author advocates proper utilization of the rule of interpretation
provided under the Constitution, as this rule has great significance in
the realization of the right to child participation and general protection
of this right.