Status of Concluding Observations of the Committee on the Rights of the Child in Ethiopia

Geremew, Anteneh (2015) Status of Concluding Observations of the Committee on the Rights of the Child in Ethiopia. Masters thesis, Addis Ababa University.

PDF (Status of Concluding Observations of the Committee on the Rights of the Child in Ethiopia) Geremew, Anteneh.pdf - Accepted Version Restricted to Repository staff only Download (925kB) | Request a copy

Abstract

All core human rights treaties under the auspices of United Nations established bodies of experts to monitor implementation of the treaties. The reporting procedure is an essential tool to examine the level of State compliance with human rights undertakings. The outcome documents of this procedure are known as concluding observations. We can hardly find literatures on relevance of these instruments to the process of making and interpretation of human rights. A study on status of concluding observations of treaty bodies shall not be restricted to the issue of bindingness. Broader perspective on the status of concluding observations can be acquired through analysis on their relevancy to and implications on the international and domestic human rights systems. Hence, this paper tried to mitigate the dearth of literatures on the law interpreting, initiating and determining role of concluding observations with a particular focus on the Committee on the Rights of the Child. States have no obligation to implement recommendations of the Committee. The recommendations, however, hold expectations regarding binding rules of child rights. It is also shown that the Committee is interpreting the Convention and its Protocols through concluding observations. With a law-making approach of interpretation, the Committee‟s concluding observations are also introducing norms which were not intended by States at the making of the Convention. Ethiopia is a party to the Convention on the rights of the child and its two substantive Protocols. Reports of the Ethiopian Government, concluding observations of the Committee and reactions of the Government to the observations are analyzed. Concluding observations of the Committee, which are checklist of compliance with conventional obligations, are soft obligations on the Government of Ethiopia. The domestic law making process and the law making organs are not permeable to concluding observations. But reports of the Government are analyzed and propelling role of the observations in the adoption of domestic laws, policies and plans of action is shown. An insight is also given on the challenges on using concluding observations as relevant interpretative materials for child rights.

Item Type:	Thesis (Masters)
Subjects:	H Social Sciences > HQ The family. Marriage. Woman K Law > K Law (General)
Divisions:	Africana
Depositing User:	Tim Khabala
Date Deposited:	24 May 2018 14:18
Last Modified:	24 May 2018 14:18
URI:	http://thesisbank.jhia.ac.ke/id/eprint/4073

Actions (login required)

View Item