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 maybe 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 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.