The Rights of Children in Conflict With the Law in the Child Justice System: Examining the Due Process Rights and Dispositions in Ethiopia
| dc.contributor.advisor | Christophe Van der Beken(Assosate Profeser) | |
| dc.contributor.author | Belayneh Berhanu | |
| dc.date.accessioned | 2023-12-27T07:12:16Z | |
| dc.date.available | 2023-12-27T07:12:16Z | |
| dc.date.issued | 2023-07 | |
| dc.description.abstract | The general aim of this research was to examine the due process rights and dispositions in the Ethiopian child justice system in light of the accepted standards. It employed a doctrinal and qualitative research approach. The primary data were collected through interview, observation and analysis of court files. The due process rights of CICWL in Ethiopia are contained in only ten Articles of a Code that existed for more than 50 years. As a result of its old age, the Code does not include contemporary rights of CICWL such as diversion and the right to participate in the proceeding with the requirements to effectively exercise it like the mandatory presence of parents (when appropriate), support by social workers and child-friendly court settings. The Code recognizes few rights and leaves some other rights unaddressed. Further, it does not have a provision that links the adult procedures to the child justice procedures. The constitutional principle of equality would warrant equal application of other due process rights recognized for adults to children. This research however argues that this approach is not effective in protecting the due process rights of CICWL. Some provisions of the Code are discriminatory when compared to adult counterparts. This is the case for arrest and the right to counsel. The majority of the rights duly recognized in the Code are known for their violation rather than their respect in the actual practice of the Ethiopian child justice system. Deprivation of liberty of a child is a measure of last resort in the child justice system. The Ethiopian child justice system does not restate this principle. It incorporates admission to a curative institution, supervised education, reprimand, school or home arrest, admission to a corrective institution as measures of first resort. Restorative justice measures and community service orders are not recognized while a fine is a penalty of last resort which is regrettable. The Ethiopian child justice system does not comply with the rule that „deprivation of liberty shall be a measure of last resort‟ for the reason of admission to corrective detention and home arrest. Further, home arrest applies for crimes of small gravity including petty offenses. Another cardinal principle in the child justice system is that deprivation of liberty shall be for the shortest period. This principle is not explicitly provided in the Ethiopian child justice system. As a result, the system is not immune from violating the principle both in normative terms and in actual practice. Violation of this principle is clearer in practice. For instance, although the maximum duration of corrective detention is five years, some courts sentenced children to terms exceeding this term. This research also found disproportionate terms of home or school arrest. Imprisonment is a penalty of last resort in the Ethiopian child justice system. In practice, this principle is not known by judges and some of them sentenced children who came in conflict with the law for the first time to prison. The maximum duration of imprisonment is ten years which can be considered as „shortest‟ provided that courts use proportionate conversion of the actual penalty determined to the duration stated under Article 168 (2) of the Criminal Code. In practice, however, this research found cases where children are sentenced to a term of imprisonment of 20 years and ten years without first determining the actual penalty. A further effort to comply with this principle is the recognition of conditional release. Regrettably, however, the same threshold of served sentence (two-thirds) is required as in adult cases. Children aged over 15 years are subject to ordinary penalties except for death penalty and life imprisonment without parole. However, courts are empowered to mitigate the ordinary penalty. Further, measures and penalties applicable to the first group may be imposed on them. These discretions are not effectively utilized in practice. Different challenges and gaps from within and outside the system contributed to the current status of enforcement of the due process rights and application of the dispositions. The child justice system is not given attention by the government including the child justice actors, law schools teaching and curricula, academia and NGOs. From the government side, this is reflected in the absence of an all-encompassing child/justice rights statute; the absence of sufficient specialized institutions and personnel; the failure to maintain long-existing institution (CBCC); little to no work done by the relevant government offices; insufficient budget allocated; insufficient training given to actors; and absence of data and research. The little place that child justice occupies in law schools curricula, teaching and exam, and academic writings results in a lack of knowledge among child justice actors which eventually affects the administration of the system. Further, there are administrative arrangements like fixed days of hearing, reliance on medical examination as a means of proof of age, the low status of birth certification, and shifting child justice judges that have repercussions on the right not to be detained pending trial and the right to speedy trial. Hence, this research recommends that all these stakeholders must give sufficient attention to child justice in Ethiopia and that administrative challenges be rectified for the realization of due process rights and proper application of the dispositions. More specifically, there should be a separate child rights/justice statute that incorporates the guiding principles and a wide variety of dispositions with precise grounds of application. Sufficient specialized institutions and personnel like child justice benches, police units, probation offices and rehabilitation centers must be established. Hence, sufficient budget must be allocated for the justice sector in general and the child justice system in particular. | |
| dc.identifier.uri | http://etd.aau.edu.et/handle/123456789/1180 | |
| dc.language.iso | en_US | |
| dc.publisher | AAU | |
| dc.subject | Rights of Children, Conflict With the Law,Child Justice System | |
| dc.title | The Rights of Children in Conflict With the Law in the Child Justice System: Examining the Due Process Rights and Dispositions in Ethiopia | |
| dc.type | Thesis |