Browsing by Author "Mihret Tekilemichael"

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    Variations and Uniformities in the Interpretation of the Best Interest of the Child Under Custody Decisions: The Law and Practice in Ethiopia
    (Addis Ababa University, 2024-05) Mihret Tekilemichael; Wondemagegn Tadesse(PhD)
    This research paper analyzes the variations and uniformities in the interpretation of BIC under custody decisions in Ethiopia concerning international and national child rights instruments. The research uses qualitative methods and in-depth judgment analysis, aside from analyzing legislation and secondary sources. The study found that determining the BIC in FFIC hinges on the social worker’s assessment, even when the child’s views do not concur with this assessment. In some cases, interpreting the BIC solely depends on the age of a minor child. Most importantly, the current trends of the FFIC seem uniform in interpreting the BIC based on the child's age, child vulnerability, the social worker report, and sometimes the child’s views. Some variations in FFIC’s interpretation of the BIC include a lack of primary consideration of the child, an absence of making the BIC a strict requirement when deciding divorce, and inadequate assessment of the child’s interests. Further, the federal RFC provides an insufficient criterion for determining the BIC. As a result, the research recommends the development of uniform criteria for the determination of the BIC, the provision of training for judges to strictly interpret the BIC when deciding divorce cases, the provisions of training for judges and social workers to assess the primary consideration of the child in their decisions or reports. Responsible organizations like the federal courts, the Ethiopian Human Rights Commission, a group of experts in child rights, and judicial training institutes offer this training. Additionally, decision-making organs are acutely aware of following the CRC general comment 14’s assessment requirements in determining the BIC. Moreover, there should be a legal reform on the RFC to include the assessment criterion of the best interest determination of a child. Finally, the research believes these findings are beneficial for decision-making organs related to preserving the BIC, lawmakers, and the community.