Children's Right to be Heard During Judicial Proceedings: With Particular Reference to the Western Hararghe Zone of Oromia, Ethiopia
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Date
2014-03
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Addis Ababa University
Abstract
The idea that children should be heard and their views respected during parental divorce has become an
important principle of family law in recent years. Researches on children's right to be heard in judicial
proceedings in Ethiopia is non-existent and only avai lable on others types of children's rights, for
instances; child violence, juvenile justice, e.tc. Hence, there are rampant and serious problems both in
law and in practices on allowing chi ldren to have voice in family law proceedings
The main objectives of this study were to over view the legal gaps of the existing laws and lack of
mechanisms used to hear chi ldren's voices in the practices of the family law proceedings of the Doba
Woreda and high courts of the western Hararghe zone. It draws on the narratives of eight children, four
parents and two judges interviewed in relation to their views and questioners made for six judges on
children's experiences to have voice in the family law proceedings of these courts, specifically within
the context of supervised contact. Hence, the judicial interview to the ch ildren is the only mechanism to
hear children's voice in the family law proceedings of these courts, though the outcome of these
proceedings will affect many important aspects of a chi ld's life.
In order to reach at the stated objectives, qualitative data collection method pertaining to different
research questions of the study got suitable. Unstructured interviews using interviews guide meant to
avoid any red herring on the main objective of the research; observation of the natural setting and, key
informant interviews were use,
The study argues that children 's right to be heard in Ethi opia, demands amendments oflegislation, direct
and full incorporation of the CRC in to the domestic laws, publication of the whole texts of the CRC into
the official Negarit Gazella and dissemination of the translated versions of the CRC and General
Comment No. 12 to all stakeholders. Thus, this study also concludes as Ethiopia has obligation to fulfill
all the mechanisms used to hear children's voices in family law proceedings, giving training for
professionals and allocate budget for COUltS of all levels in order to realize this right. Therefore, by over
viewing the exi sting laws and the practices of the family law proceedings of the Doba woreda and high
courts of the western Hararghe zone of Oromia, this study forwards the concluding observations and
recommendations.
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Children's Right to Be Heard During Judicial Proceedings