Wednesday, March 10, 2021

The Right to Constitutional Remedies: Comparative Lessons for Ethiopia

Source: The Right to Constitutional Remedies: Comparative Lessons for Ethiopia

Dires Gashaneh

Abstract:
The right to effective remedies, recognized in numerous international instruments as a right, bears a vindication of other rights by providing victims of human rights violations with appropriate remedial schemes.

When the right is guaranteed in national Constitutions, in which case it serves the enforcement of constitutional rights, it is called ‘the right to constitutional remedies’. Owing to supremacy of constitutions, conferring such constitutional guarantees to the right to effective remedies induces better human rights enforcement. Coming to Ethiopia, in unorthodox manner to the impressive normative commitment it has shown in protecting human rights, the FDRE Constitution did not design enforcement mechanisms thereby leaving the right of victims of human rights violations to reparation at a peril. Being supported by comparative experiences of South Africa, India and Kenya that have thrived with the right to constitutional remedies, this paper argues for the introduction of the right to effective remedies in to the FDRE Constitution.


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