Protection of the rights of children living with imprisoned mothers at the Ethiopian federal prisons
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Date
2018-06
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Addis Ababa University
Abstract
This study is an investigation of the welfare of children who live in prison with their incarcerated
mothers as well as expectant mothers in selected prisons of Ethiopia. Article 36 of the FDRE
Constitution provides the best interest of the child to be the primary consideration in all actions
concerning children undertaken by public and private welfare institutions, courts of law,
administrative authorities or legislative bodies. This constitutional protection underscores the need
for concern and special attention for the best interest of the child in the criminal justice system, in the
federal prison administration, and also before other executive organs. There are also pertinent
provisions reflected in the four general principles of CRC, and also in the African Charter on the
Rights and Welfare of the Child such as the right not to be discriminated against based on the status
of their parents (Article 3), the best interests of the child as the primary consideration in actions
affecting children (Article 4(1)), the opportunity to be heard in any judicial and administrative
proceedings affecting them (Article 4(2)) and the right to survival and development (Article 5).
Hence, taking all these into consideration, the study examines gaps in the policy and legal framework
in Ethiopia on the protection of the rights of infants and youths in prison with their incarcerated
mother. It also looks at the social, physical and economic conditions of these children in the federal
prisons along with the enforcement of laws pertaining to their well-being. The study has employed
mainly qualitative research methods, and it has reviewed international laws as well as national laws in
the course of exploring the subject matter. Identifying gaps in the full implementation of the child
rights, the study eventually forwarded recommendations to improve their conditions.
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children living with imprisoned mothers at