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