Rethinking Justiciability and Enforcement of Socio-Economic Rights in Ethiopia: International Context and Comparative Perspective

Abstract

The Constitution of the Federal Democratic Republic of Ethiopia hasincorporated civil and political rights and economic, social and cultural rights inthe Fundamental Rights and Freedoms (the Bill of Rights) part. TheConstitution ensures the indivisibility, interdependent and interrelatedness ofhuman rights. Furthermore, it directs the state to ensure its policies aiming atrealizing the rights under the National Policy Principles and Objectives-theDirective Principles of State Policy section of the Constitution. The inclusion ofsocio-economic rights in the directive principles are most of the time, presumedto make them beyond the reach of the courts. However, the justiciability andenforcement of socio-economic rights are guaranteed under the United NationsHuman Rights System, the African Human Rights system and domestically-inthe courts of some countries. The changes on socio-economic landscapes in theinternational arena have necessitated the rethinking of justiciability andenforcement of socio-economic rights in Ethiopia. This article endeavors toanalyze the justiciability and enforcement of socio-economic rights under the1995 Constitution of Ethiopia. It argues that the model of adjudicating socioeconomicrights in India and South Africa should be imported to Ethiopia forthe better achievement of socio-economic justice throughout the country. It,inter alia, reviews the jurisprudence and practices of enforcing socio-economic rights under the Committee on ICESCR, the African Commission on Human and Peoples' Rights, and the experiences and jurisprudence of the ConstitutionalCourt of the Republic of South Africa and the Supreme Court of India.