College of Law and Governance Studies
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Browsing College of Law and Governance Studies by Author "Abate, Mizanie(Assistance Professor)"
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Item An Assessment of the Realization of the Right to Preschool Education for Children with Visual and Hearing Impairment Inaddis Ababa Ethiopia(AAU, 2017-02-10) Fetene, Dehininet; Abate, Mizanie(Assistance Professor)The principal objective of this research is to assess the realization of preschool education for visual and hearing impairment children in Addis Ababa Ethiopia. This research used qualitative research methodology. This research substantially relays on primary data which was collected through interviews conducted with specialist of education and leaders of organizations for and of persons with disability, teachers and owners of preschool institutions. The views of key informants from the implementers of the laws and policies of the country in the educational sector is secured through interview. The right to education has got recognition in the international human right instruments. In these human right instruments compulsory education starts from grade one to eight. Thus the right to preschool education does not gate a clear recognition in almost all human right instruments which Ethiopia ratified. Besides to this the constitution and subsidiary laws of Ethiopia does not give a clear guaranty for preschool education. Thus as the research disclosed preschool education is not available, accessible, acceptable and adaptable for visual and hearing impairment children as their non-disabled peers. Thus the researcher argues preschool education must be realized for visual and hearing impairment children without any discrimination based on their disability. And the policy of inclusive education must accommodate the needs of the visual and hearing impairment children in the ground based on their individual needs.Item The Protection of the Rights of Children of Divorced Parents in Ethiopia(Addis Ababa, Ethiopia, 2017-05) Girma, Firehiwot; Abate, Mizanie(Assistance Professor)The paper analyzes the protection of the rights of children of divorced parents in Ethiopia from the perspective of the general legal regime of children’s rights such as the Convention on the Rights of Child, the African Charter on the Rights and Welfare of Children, the Constitution of Federal Democratic Ethiopia, the Revised Family Code and the Criminal Code of the Federal Democratic Republic of Ethiopia. The analysis is substantiated primarily by selected divorce cases decided by the Federal First Instance Court Bole Division relating to the rights of children of divorced parents and by information acquired through interview of one judge at the FFIC Bole Division and two legal experts each at the Children’s Legal Protection Center and the Ethiopian Women Lawyers Association. The analysis is also supplemented by Cassation Decisions of the Federal Supreme Court; Reports; and Concluding Observations as well as the General Comments of the Committee on the Convention on the Rights of Child. The children of divorced parents have various rights including the rights to maintenance, custody and visitation. These rights are special rights unique to such children apart from other civil and political, and socio-economic as well as cultural rights to which they are entitled just like any children. The researcher argues that the modalities for determining custody, maintenance and visitation rights as stipulated under Article 113(2) of the Revised Family Code are too general and not exhaustive. For there is no rules of procedure or guideline providing objective standard, it seems consideration of the factors listed under the provision is left to the judges’ subjective appreciation of the circumstances of the case. As a result, decisions of the court relating to the rights and interests of children of divorced parents lacks predictability and uniformity. Consequently, the researcher recommends the enactment of a binding rules of procedure or a guideline for the implementation of custody, maintenance and visitation rights of children of divorced parents (separately for each or in one) so as to fully implement Article 113(2) of the RFC and thereby ensure uniformity and predictability of the practice at courts. To achieve this end, the Draft Directive for the Determination of Maintenance prepared by the FFIC might be used as a model.