Children's Right to be Heard During Judicial Proceedings: With Particular Reference to the Western Hararghe Zone of Oromla, Ethiopia

Peteros, Yosef (2014) Children's Right to be Heard During Judicial Proceedings: With Particular Reference to the Western Hararghe Zone of Oromla, Ethiopia. Masters thesis, Addis Ababa University.

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Abstract

The idea that children should be heard and their views respected during parental divorce has become an important principle of family law in recent years. Researches on children's right to be heard in judicial proceedings in Ethiopia is non-existent and only available on others types of children's rights, for instances; child violence, juvenile justice, e.tc. Hence, there are rampant and serious problems both in law and in practices on allowing children to have voice in family law proceedings The main objectives of this study were to over view the legal gaps of the existing laws and lack of mechanisms used to hear children's voices in the practices of the family law proceedings of the Doba Woreda and high courts of the western Hararghe zone. It draws on the narratives of eight children, four parents and two judges interviewed in relation to their views and questioners made for six judges on children's experiences to have voice in the family law proceedings of these courts, specifically within the context of supervised contact. Hence, the judicial interview to the children is the only mechanism to hear children's voice in the family law proceedings of these courts, though the outcome of these proceedings will affect many important aspects of a child's life. In order to reach at the stated objectives, qualitative data collection method pertaining to different research questions of the study got suitable. Unstructured interviews using interviews guide meant to avoid any red herring on the main objective of the research; observation of the natural setting and, key informant interviews were use. The study argues that children's right to be heard in Ethiopia, demands amendments oflegislation, direct and full incorporation of the CRC in to the domestic laws, publication of the whole texts of the CRC into the official Negarit Gazetta and dissemination of the translated versions of the CRC and General Comment No.12 to all stakeholders. Thus, this study also concludes as Ethiopia has obligation to fulfill all the mechanisms used to hear children's voices in family law proceedings, giving training for professionals and allocate budget for courts of all levels in order to realize this right. Therefore, by over viewing the existing laws and the practices of the family law proceedings of the Doba woreda and high courts of the western Hararghe zone of Oromia, this study forwards the concluding observations and recommendations.

Item Type:	Thesis (Masters)
Subjects:	K Law > K Law (General)
Divisions:	Africana
Depositing User:	Kabiru Wallace Ndung'u
Date Deposited:	04 Jul 2019 09:26
Last Modified:	04 Jul 2019 09:26
URI:	http://thesisbank.jhia.ac.ke/id/eprint/9377

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