CHILD RIGHTS PROTECTION IN ETHIOPIA AND KENYA: A COMPARATIVE ANALYSIS

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Abstract

In the four corners of world the notion of protecting the rights of children has got more focus till the ratification of the CRC. So does in Ethiopia and Kenya. Therefore, this research paper comparatively analyzes child rights protection in Ethiopia and Kenya based on the requirements of CRC to which both states are parties. The Main Objective of this study is to explore the experience of Kenya and analyze the challenges and prospects for effective child rights protection in Ethiopia. Qualitative research approach and also comparative research approach for methodology, both primary and secondary data as a data source, Purposive sampling technique for sampling and interview for data collection, exploratory as well as analytical technique for data analysis and system theory, particularly ecological system theory as a theoretical framework is adopted. On the basis of the data analysis the research has found out as both Ethiopia and Kenya are taking legislative as well as administrative and other measures in order facilitated the implementation of CRC. However, Kenya is taking considerable measure that let the country to go at least a step ahead than Ethiopia in terms of protecting the rights of children effectively. In light of Kenya’s experience, the prospects for effective child rights protection in Ethiopia are the very existence of laws as well as their continuous revision and also institutions as well as their efforts like taking part in the law making process via conducting impact assessment and impact evaluation, installing IMS, organizing children parliament and giving training in order to protect the rights of children. There are also certain challenges for effective child rights protection in Ethiopia due to the absence of certain components that create more enabling or protective environment. These are the absence of domestic legislation that entail the mechanism, procedure and remedies for implementing the whole provisions of the Convention, self monitoring mechanism with adequate backing in terms of authority, budget and human resource, CSOs cooperation with independent monitoring mechanisms let alone to function independently in effective manner, continuous assessment of the effectiveness of training in practice, and also the absence of institutions with the necessary services and facilities in order to host children in conflict with law. Thus, in order to protect the rights of children effectively like Kenya among others, legal and institutional measures that solve the challenges should be taken in Ethiopia.

Introduction

1. Background of the study

Child-saving movement has got birth in the nineteenth century where those legislation that protect the child rights has developed in different parts of the Western world (Rai,ND: 3). Moreover, as a consequences of the II World War an agreement was reached affirming that the protection of rights is an international concern and it was contended that all individuals are allowed to acquire basic human dignity by virtue of their humanity and that certain human rights are universal and fundamental. Thus, they should not and cannot be violated by cultural and religious traditions. This resulted UDHR. However, for the rights of children were implicitly addressed many contended as the special needs of children justified an additional separate document. As a result, on its formation after the II World War the UN accepted the’ Declaration of Geneva’, which is developed by the International Save the Children Union in 1923 and restructured the declaration in 1959 (Webb, 2014:1).

The unquestioned supposition that children could and should depend upon the sole protection of adults to make sure the exercise of their rights was reflected in the 1924 DRC and continued to be reflected in the1959 DRC as well as in many of the public and private international law Conventions enacted in the 1900’s and in the first half of the 1970’s

(Kibuka etal.,ND: 167).However, the coming of the major international Convention onchildren’s rights in 1989 i.e. CRC and its ratification shows government’s dedication in order to implement the rights of children listed in the Convention (Gran and Bryant, 2011:4). The Convention is a comprehensive document consisting 54 Articles of which 42 deals with civil, political, social, economic and cultural rights of children. These articles enhance the protection of children, their participation in the societies in which they live, and provision of services and care. The others (articles 43-54) indicate what states and the UN supposed to do in order to make sure these rights are available to children (Gran and Bryant, 2011: 4 & Webb, 2014:1-2). Thus, the Convention not only outlines the rights of children, but also those who are entrusted for the protection of these rights or implementation of the Convention.

However, states are the primary responsible body for the protection of children. So that, they are expected to set up and implement child protection system that ensure non-discriminatory access to all children under their jurisdiction in line with their international obligations (UNHCR, 2012:12).

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