Minimum age for criminal responsibility in Ethiopia and the rights of a child: A comparative Study

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2024-08

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Addis Ababa University

Abstract

Different approaches have been followed by different legal systems concerning the minimum age of criminal responsibility (MACR). The minimum age of criminal capacity in Ethiopia used to be nine years of age, one of the lowest in the world. The main objective of this research is to explore Ethiopian laws on the minimum age for criminal responsibility of a child vis-à-vis the international rules that govern the juvenile justice administration and compare them with other countries. The study was doctrinal research method with a comparative qualitative analytical approach for the reason that it will endeavor to assess Ethiopia’s MACR with other countries with better jurisprudence on the rights of a child, like; Uganda from common law legal system; Iceland and Sweden from civil law legal system; and Djibouti, and South Sudan from sub Saharan and the horn of East Africa countries. The finding shows that Even though the CRC committee has voiced its worry over the rise of MACR, Ethiopia has yet not take steps toward it, as stated in the general comment. The conclusion is that in Ethiopia, the current provisions fall short of international standards in a number of ways, and that child’s rights are at risk in the current system. Uganda, Djibouti, Iceland, Sweden and south Sudan were fixed much higher minimum ages 12-15 years as of criminal capacity. Thus, Ethiopia must review its laws pertaining to children and bring them in accordance with international law principles. Specifically, the researcher recommend that like Uganda, Ethiopia should make an Amendment to the Criminal Code art 52 and an increase in the MACR from 9 to 12 years old which is least MACR in aforementioned countries.

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