The Integrated Approach: A Quest for Enhancing Justiciability of Socio-economic Rights under the Ethiopian Constitution
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Date
2010-12
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Addis Ababa University
Abstract
Socio-economic rights are newly emerging areas of human rights. These rights are forgotten
for many decades at the global, regional and even primarily on the national fora compared to
civil and political rights. This research is aimed at enhancing the justiciability of socioeconomic
rights enunciated in the FDRE Constitution by operationalizing the notion of
indivisibility, interdependency and interrelatedness of the two grand categories of human
rights through integrated approach. It looks at whether the same Constitution creates a
workable environment for the integrated approach to give impetus to the enhanced
justiciability of these forgotten rights on our national fora. This aspect of justiciability views
socio-economic rights from civil and political rights dimensions for the latter rights are
precise and not contended on their justiciability at the domestic arena. It further looks into
the justiciability of these rights even within the same family of rights so as to boost their
justiciability with ease. This is devised due to the vagueness, generality, and the terseness of
constitutionally guaranteed socio-economic rights and the absence of subordinate legislations
giving effect to constitutional and treaty-based human rights obligations. Therefore, the
Ethiopian Courts should look for drawing inspirations from the jurisprudence of other
jurisdictions and utilize the potential of integrated approach that uses the notions of
indivisibility and interdependency of human rights in order to advance the justiciability and
enjoyment of socio-economic rights via judicial protection for whom these forgotten rights
are promised.
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Keywords
Indirect Justiciability; Integrated approach; Indivisibility; Interdependence; Interrelatedness of human rights.