The Place of the Rights of Persons with Disabilities under the 1995 FDRE Constitution
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Date
2019-01
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Addis Ababa University
Abstract
Constitution, which is the fundamental law of the land, is a major instrument for promotion and protection of human rights. Currently, many governments of the world are integrating human right principles in their fundamental law. Basically, three factors: the supremacy of constitution, its amendment procedure and the way constitution is interpreted prompted human right provision to be incorporated in a constitution. An existing constitution of Ethiopia which is ratified in November 1995, is alleged to be a ground breaking document regarding to the inclusion of The general human right provision compared to the previous constitutions. Yet, if we look it in terms of human rights of persons with disability, the FDRE constitution is in era of before 2006 The year 2006 is a crucial year for persons with disability for the reason that the CRPD which was ratified in this year officially shifted the way persons with disability is treated from medical to human right based approach under international law in which Ethiopia is also party to it. Though Ethiopia is party to the CRPD, its basic law (the constitution) doesnât sufficiently reflected the contemporary human rights of persons with disability which is particularly has been developing in the CRPD jurisprudence. For instance, the right to accessibility, reasonable accommodation and an explicit prohibition of discrimination against disability are not properly provided. The concept of reasonable accommodation and accessibility are not completely recognized in this constitution. The nonexistence of human rights of persons with disabilities in the constitution opened a way for legislatures and policy makers to violate human rights of persons with disability and it also prevented persons with disability not to claim when their right is violatedand removed their confidence to exercise the rights prescribed in the constitution as the general citizen
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Law