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National Constitutional provisions – Ethiopia

 

The constitution is the fundamental law of the country, reflecting the underlying and unifying values of society. It spells out the basic rights of each person; it serves as a framework for all other laws and policies, and cannot be easily changed. However, it can be changed and updated through a democratic process, and it is important to keep it alive, by popularising and using it, and by campaigning for its reform or amendment if necessary. Below we have picked out what we see as some of the most relevant articles, but please be encouraged to seek and read your constitution in its entirety.

The state is the central actor in any claim to the right to education: it is the prime duty-bearer and the prime implementer; it is the guarantor; and it is the state´s signature vis-à-vis the international norms and standards which binds it to respect, protect and fulfil the right to education. The state must therefore be judged or challenged on its central text on the right to education, whether this be the constitution, the laws or the policies.

The Constitution of Ethiopia 1995

 

EDUCATION

 

Article 90

1. Every Ethiopian shall be entitled, within the limits of the country's resources, to food, clean water, shelter, health, education and security of pension.

2. Education shall be conducted in a manner, which is in all respects, free from religion, political and cultural influences.

 

Article 41

4. The State shall allocate progressively increasing funds for the purposes of promoting the people's access to health, education and other social services.

 

Article 51

[Powers and duties of the Federal government]

3. Prepares and implements, national standard and policy measures with respect to health, education, culture, historical heritage and science and technology.

 

Article 52

[Powers and Duties of States]

(f) Enact and implement laws regulating administration and working conditions of civil servants of the State. It shall however, have the responsibility to ensure that standards of education, training and experience for a given job category are comparable to the general standards adopted in the country.

 

Article 36

(d) the right to be protected against exploitative practices, and not to be permitted to engage in any employment which would prejudice its health, education or well-being;

 

CHILD RIGHTS

 

Article 36

1. Every child shall be entitled to the rights enumerated hereunder:-

(a) the right to life;

(b) the right to a name and nationality;

(c) the right to know and be cared for by its parents or other legal guardians;

(d) the right to be protected against exploitative practices, and not to be permitted to engage in any employment which would prejudice its health, education or well-being;

(e) the right to be protected from cruel and inhuman punishment being inflicted upon him/her in schools or child welfare institutions.

2. In all actions concerning children, whether undertaken by public or private social welfare institutions, courts of law, administrative authorities or legislative bodies, the best interests of the child shall be a primary consideration.

3. Juvenile offenders, children in correction or rehabilitation institutions, youth, children under government fostership, and children in public or private orphanages shall be kept separate from adults.

4. Children born out of wedlock shall have equal rights with those born in wedlock.

 

EQUALITY

 

Article 25

All persons shall be equal before the law and shall be entitled to equal protection of the law without any discrimination whatsoever. All persons shall be entitled to equal and adequate guarantees without distinction of any kind such as race, nation, nationality, colour, sex, language, religion, political or social origin, property, birth or other status.

 

GENDER

 

Article 34

2. Marriage shall be based on the free and full consent of the intending spouses.

 

Article 35

1. Women shall have equal rights with men in the enjoyment of the rights and protections guaranteed by this Constitution to all Ethiopians.

2. Women shall, as prescribed by this Constitution, have equal rights with men in respect to marriage.

3. Considering that women have traditionally been viewed with inferiority and are discriminated against, they have the right to the benefit of affirmative actions undertaken for the purpose of introducing corrective changes to such heritage. The aim of such measures is to ensure that special attention is given to enabling women to participate and compete equally with men in the political, economic and social fields both within public and private organisations.

4. The State has the duty to guarantee the right of women to be free from the influence of harmful customary practices. All laws, stereotyped ideas and customs which oppress women or otherwise adversely affect their physical and mental well-being are prohibited.

5. (a) Women shall have the right to maternity leave with full remuneration. The duration of maternity leave shall be determined by law having regard to the nature of the work, the woman's health and the welfare of the child and its family.

(b) Maternity leave may, by law, be made to include pregnancy leave with full remuneration.

6. Women shall have the right to demand that their opinions be heard on matters of national development policies, on plan and project implementation, and in particular, on projects affecting their interests.

7. Women shall have the right to acquire, administer, control, enjoy and dispose of property. They shall, in particular, have equal rights with men regarding the use, transfer, administration and control of land. They shall enjoy the same rights with men with respect to inheritance.

8. Women shall have the right of access to education and information on family planning and the capability to benefit thereby so as to protect their good health and prevent health hazards resulting from child birth.

 

CITIZENSHIP

 

Article 6

1. Any person with one or both parents of Ethiopian citizenship is an Ethiopian. Particulars shall be determined by law.

2. Foreigners may acquire Ethiopian citizenship.

3. Particulars relating to citizenship shall be determined by law.

 

Article 33

1. No Ethiopian of either sex shall lose his/her Ethiopian citizenship against his/her will.

2. Every Ethiopian shall be entitled to the rights, protections, and benefits deriving, in accordance with the law, from Ethiopian citizenship. Marriage of an Ethiopian citizen of either sex to a foreign citizen shall not result in the loss of Ethiopian citizenship. 3. Ethiopians shall have the right to change their citizenship.

4. Ethiopian citizenship may be granted to foreigners in accordance with laws and procedures enacted in a manner not inconsistent with international agreements ratified by Ethiopia.

 

MINORITIES and INDIGENOUS PEOPLES

 

Article 39

2. Every nation, nationality and people shall have the right to speak, write and develop its language and to promote its culture, help it grow and flourish, and preserve its historical heritage.

3. Every nation, nationality or people in Ethiopia shall have the unrestricted right to administer itself; and this shall include the right to establish government institutions within the territory it inhabits and the right to fair representation in the federal and state governments.

5. The term "nation, nationality and people" shall mean a community having the following characteristics: People having a common culture reflecting considerable uniformity or similarity of custom, a common language, belief in a common bond and identity, and a common consciousness the majority of whom live within a common territory. An alternative supported by a minority of the Council.

 

LANGUAGE

 

Article 5

1. The official language of the Federal Government shall be Amharic.

2. All Ethiopian languages shall enjoy equal state recognition.

3. The member states of the Federation shall determine their respective official languages.

 

RELIGION

 

Article 27

1. Everyone shall have the right to freedom of thought, conscience and religion. This right shall include freedom to have or adopt a religion or belief of his choice, and freedom, either individually or in community with others and in public or in private, to manifest his religion or belief in worship, observance, practice and teaching.

2. No one shall be subject to coercion by force or any other means, which would impair his freedom to have or to adopt a religion or belief of his choice.

3. Parents and legal guardians shall have the right, in accordance with their belief, to give their children religious or moral instruction.

4. Freedom to manifest one's religion or beliefs may be subject only to such limitations as are prescribed by law and are necessary to protect public safety, order, health or morals or the fundamental rights and freedoms of others and to ensure the secular nature of the State.

 

DISABILITIES

 

Article 41

5. The State shall, within the limits permitted by the economic capability of the country, care for and rehabilitate the physically and mentally handicapped, the aged, and children deprived of their parents or guardians.

 

HUMAN RIGHTS MECHANISMS

 

2. Chapter III Fundamental Rights and Freedoms

Article 13

2. The fundamental rights and freedoms enumerated in this Chapter shall be interpreted in a manner consistent with the Universal Declaration of Human Rights, international human rights covenants and conventions ratified by Ethiopia.