Graduate studies at Western
|Abstract||This article discusses how the Ethiopian state can maintain the level of protection of human rights necessary to protect its standing in the international community while at the same time respecting and incorporating within its formal legal system the multiple customary law systems existing within its borders. The article describes the modern Ethiopian State and the ethnic composition of the Ethiopian people, with particular reference to the Amhara, Gumuz and Somali peoples, and it examines the treatment of homicide within the customary law systems of these three peoples (with focusing on the right to life, the protection of female children against exploitation, and the right of women not to be discriminated against on the basis of their gender). The article examines in detail the interplay between customary law systems, modern notions of human rights, federalism and legal pluralism, and it considers procedural mechanisms useful for reconciling the formal Ethiopian legal system and the informal Ethiopian customary law systems. Finally, the article proposes a plan of action for the Ethiopian government that will respect and preserve the customary law, concluding that the key to success is adoption of a maximally flexible system of legislative federalism.The article argues that in order to fulfill its commitment to establish the rule of law while protecting its customary law systems, the Ethiopian government should 1) create a flexible federal framework of statutory law that will allow the Ethiopian state governments to accommodate the customary law systems within their borders; 2) inventory the more than sixty Ethiopian customary law systems to evaluate their procedures and practices and determine which are and which are not in conformance with the international human rights guarantees contained in the Ethiopian constitution; and 3) devise techniques to monitor the performance of the customary law regimes for compliance with minimal standards of human rights protection, and to upgrade their performance in that regard. Completion of these tasks will require reconciling competing pairs of values: rule of law and preservation of customary law, protection of human rights and protection of custom, certainty in the law and flexibility, uniformity in the law and local autonomy.|
|Keywords||No keywords specified (fix it)|
|Categories||categorize this paper)|
|Through your library||Only published papers are available at libraries|
Similar books and articles
Robert McCorquodale (2009). Corporate Social Responsibility and International Human Rights Law. Journal of Business Ethics 87 (2):385 - 400.
Brendan Tobin (2009). Setting Protection of Traditional Knowledge to Rights : Placing Human Rights and Customary Law at the Heart of Traditional Knowledge Governance. In Evanson C. Kamau & Gerd Winter (eds.), Genetic Resources, Traditional Knowledge, and the Law Solutions for Access and Benefit Sharing. Earthscan.
Douwe Korff, The Right to Life: A Guide to the Implementation of Article 2 of the European Convention on Human Rights.
Brian Z. Tamanaha, Caroline Mary Sage & Michael J. V. Woolcock (eds.) (2012). Legal Pluralism and Development: Scholars and Practitioners in Dialogue. Cambridge University Press.
Evan Fox-Decent (2008). Is the Rule of Law Really Indifferent to Human Rights? Law and Philosophy 27 (6):533 - 581.
Brendan Tobin (2009). Setting Protection of TK to Rights : Placing Human Rights and Customary Law at the Heart of TK Governance. In Evanson C. Kamau & Gerd Winter (eds.), Genetic Resources, Traditional Knowledge and the Law: Solutions for Access and Benefit Sharing. Earthscan.
Nghia Hoang, International Human Rights Law and the Protection of the Individual's Rights in the Age of Terrorism: The Case of the United Kingdom.
Added to index2009-01-28
Total downloads8 ( #132,193 of 757,557 )
Recent downloads (6 months)1 ( #63,427 of 757,557 )
How can I increase my downloads?