Justiciability of Socio-Economic Rights in the Federal Democratic Republic of Ethiopia

Tesfaye, Amare (2010) Justiciability of Socio-Economic Rights in the Federal Democratic Republic of Ethiopia. Masters thesis, Addis Ababa University.

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Abstract

Civil and political rights have for years received, both at the international and national levels, much more prominence than socio-economic rights. Ethiopia is no exception in this regard. It is safe to state that, in the realm of civil and political rights, much has been achieved in Ethiopia. Many people freely exercise and enjoy the fundamental rights and freedoms recognized and protected in the Federal Democratic Republic of Ethiopian (FDRE) Constitution and ratified agreements, most of which are civil and political rights. However, the same cannot be said for socio-economic rights. This is because in the existence of such situation in the country, there are not many cases of these rights entertained by the judiciary. In other legal systems, problems related to nature of socioeconomic rights, and legitimacy and competency of the judiciary in adjudicating these rights have impeded the judiciary’s efforts to enforce these crucial rights meaningfully. In order to explore why the adjudication of socio-economic rights under the Ethiopian legal system is under-developed, this research thus aims at examining and critically analyzing the justiciability of socio-economic rights in Ethiopia. Hence, the justiciability of socioeconomic rights in the FDRE Constitution and ratified agreements is analyzed from the perspective of the three normative pre-conditions of justiciability consisting of: claim, setting and remedy elements of justiciability. Accordingly, this research argues that socio-economic rights can be enforced both directly and indirectly in Ethiopia. While the direct way would be grounded on the provisions of substantive part of the Constitution and ratified treaties, the indirect way would be grounded on the provisions found in the National Policy Principles and Objectives of the Constitution as well as cross-cutting rights. Therefore, Ethiopian courts should adjudicate socio-economic rights.

Item Type:	Thesis (Masters)
Uncontrolled Keywords:	Adjudication; Claim; Ethiopia; Justiciability; Remedy; Setting; Socioeconomic rights
Subjects:	K Law > K Law (General)
Divisions:	Africana
Depositing User:	Emmanuel Ndorimana
Date Deposited:	03 Sep 2018 14:43
Last Modified:	03 Sep 2018 14:43
URI:	http://thesisbank.jhia.ac.ke/id/eprint/4915

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