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ETHIOPIAN CIVIL SERVICE

UNIVRSITY
DEPARTMENT OF SOCIAL PROTECTION
MANAGEMENT

The Challenges of Implementing Children’s Right Protection


in Addis Ababa; the Case of Addis Ketema Sub-City, Woreda 8
By

Gudina Gondore

Advisor

Zarihun Doda(PHD)

A proposal Submitted to Department of Social Protection


Management, Civil Service University, of in Partial Fulfillment of the
Requirements for Degree of Master Arts in Social Protection
Management

February, 2023
Addis Ababa, Ethiopia

List of Abbreviation

ACRWC African Charter on the Rights and Welfare of the Child


ASPF African Child Policy Forum
ANPPCAN Association for National Planned Program for Vulnerable
Children and in Need

CSA Central Statistical Agency


CSO Civil Society Organization
CRC Convention on the Rights of the Child
EDHS Ethiopian Demographic Health Survey
FDRE Federal Democratic Republic of Ethiopia
FSE Forum on Sustainable child Empowerment
ILO International Labor Organization
NGO Non-Governmental Organizations
UN United Nation
UNCRC United Nations Conventions on the Rights of the Child
UNICEF United Nations Children‘s Fund
VAC Violence Against Children
CHAPTER ONE

1. Introduction

1.1 Background of the study

The Convection on the Rights of the Child (CRC) become adopted by the United
Nations on November 20, 1989 by establishing international standards to make
sure the protection ,survival ,and development of all children. The States accepted
the agreement to protect children from economic and sexual exploitation ,
violence, and other different kinds of abuse and to advance the rights of children
in services like health care , education and standard of living.
According to the UN, a child is any individual age below 18 which are among the
most vulnerable sections of the society because of the level of their mental and
physical maturity that may help them to protect their own rights and
interests .Hence a great deal of human rights measurements and domestic
legislation impose responsibilities on the government to provide special protection
for children (Tesfaye, 2017).

According to UNICEF (2015), children in the world account for almost half of the
entire population .Similarly, based on the study by UNICEF (2017), children in
Africa currently contain 47% of Africa’s overall population. Moreover , in line
with reports of the Federal Democratic Republic of Ethiopia to the United Nations
Committee on the rights of child(2012) indicated that in Ethiopia children below
age of 18 years constitute 52.9% of the total population. Currently, based on the
Central Statistics Agency of Ethiopia (2022), children age under 18 constitute
52.4% of the entire population.

This means that children constitute the largest part of the population that globally
communities have to be aware of the children and that they need special care and
protection from any abuse and harmful practices due to the fact they are not grow
enough mentally and physically to protect themselves against attacks.

Children are one among the vulnerable groups of individuals who are exposed for
different maltreatment in all corners of the globe, in all walks of life. Abuse and
neglect, violence against children, child prostitution, child pornography, sex
tourism, child hard work and trafficking in children are just some of them
(Hopkins, 2013). Similarly, Save the Children (2013) stated that, children
experience abuse, neglect, violence and exploitation in all countries in the world
and which a lot of them are affected.
Ethiopia ratified the 1989 UN Convection on Rights of Child in 1991 and included
as part of its legislation through the proclamation N10/1992. Ethiopia also ratified
African Charter on the rights and Welfare of child, which provide guidelines for
member states to ensure the protection, survival, development and well-being of
children. Moreover, the constitution of the Federal Republic of Ethiopia (1995),
the Ethiopian Penal Code (1957), the Federal Family Law of Ethiopia (2000), the
1993 Labor Proclamation, the Developmental Social Welfare Policy (1960) and the
Policy on HIV/AIDS indicate the fundamental rights of children.

Even though, Ethiopia ratified United Nations CRC, and develops policy and
strategy to protect children’s right, child abuse and exploitation yet stopped and
still children are vulnerable to different shocks. According to Ethiopian Human
Rights Report (2022), in Ethiopia child abuse, child early and forced marriage,
sexual exploitation, displaced children and trafficking are spreading throughout the
country and more practiced in Addis Ababa. Similarly, based on UNICEF (200)
Situation Analysis of Children in Addis Ababa, Addis Ababa has high rate
violence against children.

According to the EDHS in 2011, 7% of children ages from 5-14 have been
involved in child labor in Addis Ababa. A 2015 study by the CSA and
International Labor Organization (ILO) found 4% of children age between 5-
17were involved in child labor. The severe drought in 2015/16 and displacement
because of conflict in a rural areas increased trafficking from regional areas to
Addis Ababa that leads boys forced to work in the traditional weaving industry,
work as guard and getting money by carrying loads beyond their capacity, while
girls are forced to work as home servant throughout the city, work commercial sex,
getting into unwanted marriage and many of them forced to live on the street and
vulnerable to child right violations. Child sex tourism is a continuous action taking
place against child right in Addis Ababa. The central and the biggest market in
Addis Ababa (Merkato) which found in Addis Ketema Subcity Woreda 8 is home
to the largest collection of brothels in Africa, wherein sex tourism is wide spread
and children are vulnerable to forced sex for both male and female.
The children in Ethiopia have rights that are ratified and adapted in the
international and national level such as united nation convection on the rights of
children (1989), African charter on the right and welfare of the child (1990) and
the constitution of the Federal Democratic Republic of Ethiopia (1995). This study
aims to identify and discuss the challenges facing the implementation of children
right protection in Addis Ketema Sub City around Autobus Tera Merkato area
relating with children on the street and the study will have great contributions in
development of social protection system in Ethiopia.

1.2 Statement of the Problem

Child vulnerability to different kinds of abuse and neglect is one of the social
issues studied globally and countrywide wide. Children in Ethiopia are exposed of
neglect and abuse because of political, socio-economic, cultural and familial
factors. Poverty, drought, famine, conflicts, displacement, instability of family
income and politics have left millions of children without proper care and
protection (FSE, 2003:1). According to Debebe Ero and Azeb Admasu (2015)
explained that about 7.5 million children are estimated to be found in Ethiopia,
most of children don't have any academic opportunities. Because they are engaged
in child labor, girls are more vulnerable than boys and they work in the household,
agricultural work and home based work.

Similarly, according to ACPF (2015) in Ethiopia, in 2001 a survey by the Ministry


of Labor and Social Affairs, the Central Statistical Agency and the ILO confirmed
that about 84% of the country children are engaged in activities considered as child
labor.

In Addis Ababa, the survey found that 52% of children are involved in productive
activities of which 90% of them come from rural areas. This showed that, although
Ethiopia ratified the Convection of International Child Right (1989), African
charter on the right and welfare of the child (1990) and the constitution of the
Federal Democratic Republic of Ethiopia (1995) and developed country policy and
implementation strategy, but still child abuse and neglect are highly spreading
throughout the country including Addis Ababa. This may happened due to weak
implementation and enforcement of policies and laws. According to the study by
(MOWCYA and UNICEF, 2012), it is important that both national government
and civil society actors pay attention to those critical gaps and do more to protect
the basic rights of children.

According to Zeru Fantaw (20), in Ethiopia, particularly in Addis Ababa the


stakeholders coordination and limited sector participation are the major points that
makes weak the child protection system. The formation of vertical and horizontal
linkage is limited in wide variety and scope. This gap is especially important in
areas of prevention programs, family empowering, provision of coordinated
psycho-social and legal services.

As the study by Genaye(20) found that Ethiopian culture contradicts child rights in
many aspects because it encourages some kinds of emotional and physical abuse.
Thus it needs more awareness creation programs by governmental and non-
governmental actors to bring about a complete change on child rights.

The main reason for selecting this area is that the area is found in the center of
Addis Ababa which is full of chaos and disordered that many illegal and immoral
practices have been common that can spoil the children to protect their basic rights.
This may result with high degree of violence of child’s rights and victim like
sexual abuse and trafficking. The other reason that motivates me to study on this
area is while I was working at Office of Addis Ababa Women, Children and Social
Affairs during my internship (2022): I have observed many children’s cases
coming to the office due to the challenges of different violence. And also I have
observed that when child protection workers fail to perform and solve the child
issues coming to them from the community due to gap implementation among the
stake holders and wide range of the problems. Therefore, the aim of this study is to
identify the challenges of implementing child right in Addis Ketema Sub-city and
to describe the future prospects of child right protection practices.

Even though, there are different studies have been conducted on child protection
problems, most of them have focused on the causes and consequences of child
problems. For example, Hanna (2016) stressed on child protection response
through community based stakeholders, Getachew (20) focused on exploring
prospects and challenges of child right practices, Genaye (2008) conducted on
effectiveness of child right pictorial book and Getnet (2009) focused on sexual
abuse against male street children in Merkato, Addis Ababa.

As the researcher of this study, describing the challenges in implementation of


child right protection in Addis Ababa is limited and still needs more research
attention. Hence, this study may unique and crucial to cope with the present
challenges to protect child right and advance to recommend and develop proper
child right protection systems.

1.3 Objectives of the study

1.3.1 General Objective

This study aims to assess the major challenges of implementation of child right
protection in Addis Ketema Sub-city, Addis Ababa.
1.3.2 Specific Objective

The specific objectives of the study are:-

1. To describe the implementation status of child right in Addis Ketema Sub-city.

2. To assess the implementation mechanisms of child right protection in Addis


Ketema Sub-city.

3. To identify the challenges facing the implementation of children right


protection in Addis Ketema Sub-city Woreda 8.

1.4 Research Questions

Taking the objective set into account, the study will respond to the following
research questions;

1. What is the implementation status of child right protection in Addis Ketema


Sub-city?

2. What mechanisms the stake holders are using in implementation of child right
protection?

3. What are the challenges facing implementation of child right protection system
in Addis Ketema Sub-city Woreda 8 area?

1.5 Significance of the Study

Protection of children’s right is essential and studying the challenges of child right
protection implementation is very important for policy makers and child right
protection stake holders. The study will show the gap among the policy and
implementation system in Addis Ketema Sub-city, Addis Ababa so that the
government offices and NGOS will take corrections on the gap sited. The study
will be used as reference for those working on the area studying similar things in
other area and other Sub cities will see their implementation system and identify
the major challenges and work on it. The study will have great contributions in
development of strong social protection system that lead the stakeholders prior to
work on protection, prevention and transformation.

1.6 Scope of the Study

The study area is limited to Addis Ketema Sub-city Woreda 8 mainly focusing on
street children and in center around Merkato Autobus Tera area. Police members,
children on street and in center of rehabilitation, courts and other legal bodies,
communities, NGOs, social workers and the higher officials those working in
Office of Women, Children and Social Affairs at Sub-city level and Woreda level
will be the respondents of this study. The study will analyze the relevant
international and national child right policies and implementation frameworks and
the investigation of real practice of child right protection in Ethiopian society. To
achieve this study, the qualitative data approach will be employed and data
collection will be conducted through observation, depth-interview and key
informant interviews to get relevant information and necessary data from study
participants. The study emphasis on the key challenges of implementing child right
and the status of child protection practices in Addis Ketema Sub-city. The study
time will take 9 months (January/2023-october/2024).

1.7 Conceptual Definition of Key Terms


 Child: - is a young human being who is below the age of 18.
 Child right:- As UN, it is the right to health, family life, play and recreation,
an adequate standard of living and to be protected from abuse and harm.
 Child protection: - is prevention and response to violence, exploitation,
abuse, neglect, harmful practices and violence against children (UNICEF).
 Child abuse: - is violence against children that includes physical, sexual and
emotional abuse and neglect at the hands of parents and other authority
figures (UN).
 Street children: - are poor homeless children those who live on the streets
of a city, town, or village.
CHAPTER TWO

2. Literature review

2.1 The concept of child protection

Children are among the most vulnerable populations because of the extent off their
intellectual and physical maturity to defend their own rights and hobbies. The
Concept of Child protection is thought in different approaches by different
scholars. UNICEF defines child protection as preventing and responding to
violence, exploitation and abuse toward children along with commercial sexual
exploitation, trafficking, child hard work and harmful traditional practices which
includes female genital mutilation and child early marriage (UNICEF, 2004:2006).

Similarly child protection refers to strategies and systems geared towards


protecting children from abuse, exploitation, neglect and violence (save the
children 2013-2015). Moreover child safety is likewise safeguarding of the
children from different maltreatments consists of early marriage, child labor, and
different kinds of exploitation, and all forms of abuse, which includes sexual abuse
and physical violence against children in homes, schools and wider communities
(UN,1989)

According to (save the children 2011), the idea of child safety is used to explain a
set of commonly government-run services designed to defend children and young
individuals who are underage, and to inspire family stability and it is also
prevention and response to violence, exploitation and abuse against children. Child
protection is an attempt objectives at strengthening the care of the most vulnerable
children, and stopping all types of violence, exploitation and abuse against
children- ensuring entire preservation of the rights of all children always according
to the UNCRC and other related international scholars.
In a broader sense, it is about provision of a universal service for children and
households in general and more specialized services for children and households in
general and more specialized services for children and families with specific
problems and needs. Child protection efforts consist of a wide range of active and
reactive measures. Prevention of the risk of abuse and maltreatment through
measures that deal with that impede possibility of the incidents of abuse in addition
to mitigate the consequences and investigate the cases of abuse and maltreatment.
A key method is constructing a defensive environment for children that will help
prevent and respond to violence abuse, and exploitation, which includes
multidimensional effort.

2.2 The concept of Child maltreatment

Chid maltreatment refers to the physical and emotional mistreatment, sexual abuse,
emotional abuse, neglect and different related problems happened to children.
Sneddon (2003) provided definitions and stated the characteristics of sexual abuse,
emotional abuse, physical abuse and neglect. Sexual abuse consists of adults,
young people or children engaging in sexual activities that children may not
understand are not able to provide informed consent and can occur on a contact or
non-contact basis. Emotional abuse consists of behaviors such as terrorizing and
isolating children from others, rejection and in appropriate socialization.

Physical abuse takes place while physical harm or damage is inflicted on children
and /or purposely failing to prevent them from physical injury. Neglect happens
when an adult fails to protect a child from any form of risk or persistent failure to
take care of him or her. All types of maltreatment have deleterious effects on
children’s health and development all directions(stubenhort,cohen, and Try
balski,200; Turner et al, 2012).Maltreatment can cause children to growth insecure
attachment relationships, disturbances in their development of self, ineffective peer
relationships, fear of their care givers and other adults, distortions in their mental
illustration of things, aggressive solitary and peer play and the incapacity to control
stress (stubenhort et at,2010). It also can cause disorganized attachments, the
compulsive need. To manage all aspects of the surroundings, distrust in care givers
as a source of protection, want to control their caregivers in order to be safe,
avoidant and stressful vigilance, intrusive memories of the maltreatment, impaired
social judgment, behavior, and affect and assuring bad motives of caregivers
(Hughes, 2004).

According to Fredrick and Goddard (2010), children who have been abused
display massive problems in the school environment. Abused children struggle
with cognitive tasks, show conduct problems, and are at a higher risk of for school
failure. They less engaged academically, having more social skill problems, a
negative view of themselves, difficulties in self-regulations, and showing much
less resiliency than their non-abused peers.

2.3 The Historical Development of the International Child Rights protection

According to kosher and his colleagues (2016), prior to the sixteenth century
children have been take into account legally and socially as the property of their
mother and father. They were not seen as human beings with their personal status
and rights. Parents, mainly fathers, have been given endless power and control over
them and were allowed to treat them as they wished; corporal punishment become
almost common and was accepted as appropriate discipline measures for their
future life. The industrial period (the 19th century up to mid-20th century),
children were considered to be endangered by situations of immigration,
industrialization and urbanization in approaches that might create undesirable
behavior and threaten society. This brought about a new agenda in regard to
children’s status and brought about the emergence of the idea of protecting
children.
A great change in the wondering on children‘s rights happened within side the
second half of the 20th century, with a shift from issues dealing totally with
children‘s protection or nurturance rights to those dealing with children‘s right to
self-determination or self-expression. In 1919, the view of children‘s rights
become emphasized by numerous bodies and committees of the League of Nation
those were established to cope with the issues of operating conditions of children,
trafficking and stateless children. Similarly, in the 1924, Declaration of the Rights
of the Child was followed by the Fifth Assembly of the League of Nations and was
the first international tool explicitly acknowledging children‘s rights.
Correspondingly, the Declaration of Challenges and Prospects of Child Protection
Practices children right 1959 was established after the Second World War and the
activities leading up children‘s rights to an almost complete standstill (United
Nations, 2007).

Moreover, in 1989, the United Nations General Assembly adopted the United
Nations Convention on the Rights of the Child (CRC), providing the first-ever
comprehensive global law requirements for the promoting and protection of
children‘s rights. Before the adoption of the CRC, children‘s rights were taken into
consideration as a quest for charity. The conventions are the world‘s essential tool,
and the most important tool, for the development of children‘s rights through
setting up the basic requirements accepted international, and, therefore, it serves as
the inspiration for domestic legal guidelines and policies focusing on children‘s
rights (Nielsen, 2012). In this regard the most outstanding UN manifestation to
strengthen children‘s rights is the Convention on the Rights of the Child (Ruppel,
2009). The Convention has carved out the additives of children‘s rights which are
being promoted over the last number of years (Hayes, 2002).

The other historical movement regarding child rights protection become children
liberation movement emerged in the United Kingdom and the United States in the
late 1960‘s and 1970‘. These liberationists called for the quit of paternalistic
techniques toward children, for the elimination of the discrimination among
children and adults, to provide children the identical constitutional rights as adults,
and ultimately to make children free beings. The liberationists‘ approach marks a
great change in the area of children‘s rights. To a large extent, this movement
shifted attention away from the welfare paradigm and the general developmental
perception of childhood in law, by providing new approaches to conceptualize
childhood and a new understanding of children‘s human rights (Peleg, 2)

2.4 The Convention on the Rights of the Child (CRC)

The landmarks in the journey in a direction of the CRC become the nomination of
1979 by UN as the International Year of the Child (Hayes, 2002). Accordingly, the
possibility of UNCRC was first accelerated by the government of Poland in 1978
when UN member states designed activities and agendas that might take place
during the International Year of the Child in 1979 .Then in the direction of the
International Year of the Child, the UN Commission on Human Rights taken in to
account the Polish idea and organized a Working Group to review and create a
final outline (Blanchfield, 2014).

Moreover, the UN Convention on the Right of the Child (CRC) in an global human
rights treaty that promotes the rights of all children international. Generally, the
treaty guarantees children the right to survival, the right to develop to their fullest
potential, the right to protection from abuse, neglect and exploitation and the right
to take part in family, cultural and social life (Mathur, 2016). Besides, children‘s
participation rights have also been recognized in proceedings respecting child
safety, health, teenagers criminal justice, immigration, and education (Bala &
Houston, 2015).
Thus, the Convention outlines the rights of children in detail and declares as
children do not only need care in peacetime but also from violence during armed
conflicts (Harju, 2013). Besides to this, for the Convention to be more than only
rhetoric, its implementation by the States Parties must need to be monitored
(Hayes, 2002). Accordingly, “nowadays the CRC is the most internationally
accepted human rights treaty in history, forging an “age of rights” for children”
(Todres, 2014, p.268).

2.5 African Charter on the Rights and Welfare of the Child

Member States of the Organization of African Unity Parties has presented the
charter entitled ‘African Charter on the Rights and Welfare of the Child‘. The
Declaration on the Rights and Welfare of the African Child followed by the
Assembly of Heads of State and Government of the Organization of African Unity
(ACRWC, 1990).

According to Sillah and Chibanda (2013), the ACRWC was designed to serve as a
blueprint for the observance of children‘s rights by each African country. It
became the model of what children‘s rights have to be taking into consideration
that the child because of the needs of his physical and mental development requires
specific care in regards to health, physical, mental, moral and social development.
It additionally requires legal protection in conditions of freedom, dignity and
security. There is need to unearth elements of doubles requirements, hypocrisy and
blurred articles that would leave room for manipulation by states in the basis of the
interpretation of the ACRWC, at the expense of the African child.

Similarly, the preamble to the ACRWC makes two important statements regarding
the instrument‘s idea of the rights and welfare of the child. Firstly, it identifies the
Charter‘s foundation as the principles of the international law on the rights and
welfare of the child as contained in the declarations, conventions and different
instruments of the Organization of African Unity and the United Nations.
Secondly, the Charter charges that the concept of the rights and welfare of the child
should be inspired and characterized by the virtues of African cultural heritage,
historical background and the values of the African civilization which the rights
and welfare of the child are derived from common sources, have to be alive to the
reality of African children (Kaime, 2009).

Taking this into attention, the virtues of their cultural heritage, historical
background and the values of the African civilization which have to inspire and
represent their reflection on the idea of the rights and welfare of the child,
considering that the promotion and protection of the rights and welfare of the child
also implies the general performance of responsibilities on the part of everyone
(ACRWC, 1990).

Supporting to this, the ACRWC also acknowledges “that the child occupies a
unique and privileged position in the African society,” “that the child have to grow
up in a family environment in an atmosphere of happiness, love and
understanding,” and acknowledges that the situation of African children “remains
critical because of the particular factors of their socio-economic, cultural,
traditional and developmental circumstances, natural disasters, armed conflicts,
exploitation and hunger.” (Skujyte, 2011, p.23).

Accordingly, the great hobbies of the child and Protection of privacy are among
the articles which provide high attention children‘s problems. In all actions
concerning the child undertaken by any individual or authority, the best interests of
the child have to be in the primary consideration. Moreover, any child must not be
subject to arbitrary or illegal interference with his privacy, family home or
correspondence, or to the attacks upon his honor or reputation, provided that
parents or legal guardians shall have the right to exercise reasonable supervision
over the conduct of their children. The child has the right to the protection of the
law against such interference or attacks (ACRWC, 1990).

2.6 Related Theoretical Explanation

In 17 and 18 centuries, different writers were argued that whether rights are
important for children or not. According to Hobbes, who wrote in 17 th century ,
children are only protected because they can serve their fathers, not mothers and
father- child relations is based on fear, and fathers have the power of life and death
over their children. Later on , in contradiction to Hobbes that undermine the child,
different theories such as Rawl’s child justice theory, Freeman child protection
theory and others become developed and argued that childhood age is a golden age
and a time of freedom, joy and play. According to Freeman, children need to be
under protection from negative behavior and activities such as inadequate care,
abuse or neglect by parents, exploitation by employers or environmental dangers.
Thus, the researcher of this study will use the following theoretical concepts to
conduct this study to elaborate how systems interact to affect the developmental
condition of the child and child right implementation system.

2.6.1 The Social Capital Theory of Child Right


Social capital theory is the mutual relationship that links norms of trust and
reciprocity in the society (Tomson&Wise, 1999). The positive relationship is
important in creating suitable environment for children to protect them from
negative behaviors and abuse. Thus, social capital helps to create a network in
child right protection systems through positive support practices among
communities and child right protection stakeholders.

2.6.2 The Sociological Perspective of Child Right

The sociological perspective is an approach to understand human behavior by


placing it in a broader social context. C. Wright Mills referred to the sociological
perspective as intersection of the individual and history (social factors that
influence the individual). As this approach, society’s philosophy and cultural
values can directly or indirectly affect child right. Therefore, to have proper child
right implementation system, community’s attitude and philosophy toward child
right should be changed through awareness of stakeholders.

2.6.3 The Ecological System Theory


The Ecological System Theory is formulated by famous psychologist
Bronfenbrenner in 1979 and states that human development is influenced by the
various types of environmental system. Accordingly, child protection system can
be affected directly or indirectly by different environmental factors and influenced
positively or negatively by relation between children and their social environment.

2.7 The legal framework

Ethiopia ratified the UNCRC in 1991. Since then, the government has
accomplished numerous activities geared towards ensuring the protection and
promotion of the rights and welfare of children. The Convention was domesticated
through a national legislation (Proclamation No 10/1992) and then translated into
11 nationality languages for dissemination. Further, other conventions such as the
African Charter on the Rights and Welfare of the Child (ratification proclamation
No283/ 2002) and ILO Convention 182 on the Worst Forms of Child Labor were
ratified by the government. The children affairs department in the Ministry of
Labor and Social Affairs is the leading organ to coordinate and spearhead the
translation of the global dedication into concrete actions and results. This Ministry
has counterparts in the regions. Under the supervision of the Federal and Regional
labor and social affairs organs, child rights committees were set up at all levels to
oversee the implementation of the Convention in the country. These and other
committees and structures defined in the coming sections of this report provide the
institutional framework for addressing VAC.
Ethiopia is a federal republic composed of nine regions and two administrative
cities. The supreme law of the land, that is the Federal Constitution, serves as an
accord between 10 the regions and the federal government. Accordingly, power is
shared between the regions and the federal government. For instance, while the
regions are mandated to legislate on family law, the Federal Government is
empowered to enact the penal and labor law.

With respect to violence towards children, there is no one complete law dealing with all kinds and
aspects of violence. The control of violence itself is multi-sectorial. Thus it is a shared responsibility
between various laws as well as institutions. A number of laws cope with the different kinds of violence
against children. Being the supreme law of the land, the Federal Constitution provides the basis for the
protection of children from violence. Firstly, it domesticates all international human right instruments,
which Ethiopia has ratified by stating ‘all global agreements ratified by Ethiopia are an integral part of
the law of the land’. (Article 9(4) of the FDRE Constitution).
Article 36

Rights of Children

1. Every child has the right:

(a) To life;

(b) To a name and nationality;

(c) To know and be cared for by his or her parents or legal guardians;

(d)Not to be subject to exploitative practices, neither to be required nor permitted to


perform work which may be hazardous or harmful to his or her education, health or
well-being

(e)To be free of corporal punishment or cruel and in human treatment in schools


and other institutions responsible for the care of children.

2. In all actions concerning children undertaken by public and private welfare


institutions, courts of law, administrative authorities or legislative bodies the primary
consideration shall be the great interests of the child.

3. Juvenile offenders admitted to corrective or rehabilitative institutions and juveniles


who become wards of the State or who are placed in public or private orphanages, shall
be kept separately from adults.

4. Children born out of wedlock shall have the same rights as children born of wedlock.

5. The State shall accord special protection to orphans and shall encourage the
establishment of institutions, which ensure and promote their adoption and advance
their welfare, and education.

THE CONSTITUTION OF THE FEDERAL DEMOCRATIC REPUBLIC OF


ETHIOPIA,1995
As it can be determined from the above article, the Constitution has reiterated most
of the rights of children recognized in the Convention on the Rights of the Child.
Other than the above article, most of the provisions in the human and democratic
rights part as well as the policy objective phase are applicable to deal with the
problem of violence against children.

Examination of the subordinate legal guidelines in the country indicates that the
penal law and its procedure law are among the applicable law to the problem of
violence against children. These laws are currently going through reform. A new
law adopted by the National Parliament on July 2nd 2004 has amended the penal
code that had been in force in the country since 1957. The amended law is yet to be
officiated through publication in the formal newspaper Negarit Gazette. Until then
it does not have the force of law because of which the old law will continue to rule.
As issues the criminal process code, an

The other major law is the family law. Prior to the federalization of the country,
there was one family law found included in the Ethiopian Civil Code of 1960.
However, currently some of regions in the country have issued their respective
family laws as mandated by the FDRE Constitution. Most of the regions have
adopted the model and content material of the family law issued by the federal
parliament to be enforceable in the administrative cities of Addis Ababa and Dire
Dawa. Thus any mention of the family law herein below shall refer to the revised
family law issued by the national parliament unless stated otherwise. This law that
was proclaimed in 2000 consists of many provisions which attempt to ensure that
children are not permit without guardians and tutors as well as which lay a
responsibility on the latter to ensure the wellbeing as well as physical and
intellectual development of the children in their care. The law compels the parent
to look at over the health of the minor, to oversee the social contacts and education
of the minor and connect the residence of the minor (Articles 257,259,260 and 256
respectively).

Children are protected from economic exploitation by the labor law (Proclamation
No. 377/2003).This proclamation that sets the minimum age for work as 14
categorizes workers of ages 14-18 as young workers. Accordingly, young workers
are entitled to special defensive measures. Young workers can work for maximum
of seven working hours per day in comparison to the 8 working hours for adults.
Further, the law prohibits the employment of young workers for night work,
overtime work, and work on weekly rest days or public holidays. There are also list
of work activities not allowed for young workers.

Other than the above modern laws, there are also different customary and religious
norms working in the country. The legal status of these norms is made clear by
article 34(5) of the Federal Constitution which allows adjudication of disputes
relating to personal and family legal guidelines in accordance with religious or
customary laws on situation that both parties have consented thereto. According to
this constitutional article, the particulars are to be determined by law. At present,
the Sharia law is the only law that has got formal recognition. The Sharia courts
that used to exist before the Constitution were re-established by a new
proclamation. Hence, the Sharia law has jurisdiction over family and succession
cases provided that the disputing parties have given their consent to such
jurisdiction.
2.8 Institutional Frameworks for Child Right Protection in Ethiopia

According to Proclamation No. 916/2015, in Ethiopia, the organization is relied on


to follow up the implementation of CRC in order to protect the right of children in
Ministry of Women, Children and Youth. The Ministry is entitled to create
recognition and movement on the question of women, children and youth. It
enables to gather, bring together and disseminate all stakeholders‘ information
on the objective realities faced by women, children and youth.

The Ministry also coordinates all stakeholders to guard the rights and wellbeing of
children, and to follow up in the implementation of treaties regarding women and
children and submit reports to the concerned bodies (FDRE Proclamation, 2015).

Likewise, the role of national human rights institutions is to monitor


independently the State‘s compliance and progress toward implementation and
to do all it may to make sure full respect for children‘s rights that gives detailed
guidance on the establishment and operation of independent human rights
institutions for children. Children‘s rights have to be given due consideration and
special attention because of children‘s vulnerability. Thus, every state party to the
CRC needs an unbiased and effective human rights institution with obligation for
promoting and protecting children‘s rights (Viviers, 2014).

Correspondingly, Ethiopia has provided constitutional base for the establishment


of those National Human Rights Institutions via Article 55(14) and (15) of its
constitution, which empowers the House of Peoples Representative (HPR) to set
up the Human Rights Commission and the organization of the Ombudsman
determining their power and function ( FDRE Constitution,1995).
In addition to National Human Rights Institutions, non-political actors play a
significant role to child protection in Ethiopia. The African Network for the
Prevention and Protection towards Child Abuse and Neglect (ANPPCAN) is one of
them which become established in 1986. ANPPCAN has continued to stand tall as
absolutely pan-African child rights organization that promotes the rights of
children in Africa. Its mission is to enhance the prevention and protection of
children from all types of maltreatment, thus, ensuring that the rights of children
are realized. Spreading in 26 countries in Africa, ANPPCAN implements both
national and regional interventions on child protection and also conducts regular
national, regional and global forums. It mainly has roles in child protection often
complementing government efforts in key priority areas. Some of the services
granted by these organizations include provision of care and assist, access to
justice for abused children, teaching parents on child rights, providing educational
support and providing help to the trafficked and abused girls through provision of
shelter and family re-union services (ANPPCAN, 2014).

The other non-state actors which play a big role in child protection is Association
for National Planned Program for Vulnerable Children And in Need (ANPPCAN-
Ethiopia) is a non-political, non-religious, not for income non-governmental local
organization established in 1990, and re-registered as an Ethiopian resident
charity organization in 2009. ANPPCAN-Ethiopia is one of the pioneers in terms of
teaching the Ethiopian public about the rights of the child the usage of the UN
Convention on the Rights of the Child (CRC) as a reference. ANPPCAN-Ethiopia
strives towards understanding the well-being of children by creating enabling
environment for their regular growth and development, provision of psychosocial
assist for vulnerable children, prevention of child migration and trafficking and
rehabilitation of victims, work on sexual and reproductive health and take part in
community led development packages benefiting children, young people and
women (ANPPCAN-Ethiopia, 2016).
Accordingly, NGOs and CSOs in Ethiopia have impact in three areas: advocacy on
behalf of children, empowerment of marginalized groups, and providing
emergency assistance. According to Haggstrom (2003), a study on child focused
non-governmental organizations was found that there are 44 children centered
operational NGOs in Ethiopia. Seventeen of these have been international NGOs.
Although the civil society at massive and NGOs have increased in number and
economic clout, there were few systematic evaluations of their effectiveness.
NGOs have had a small impact in Ethiopia. NGOs can supplement the government
but never replace it. The decentralization of government authority and the
emergence of NGOs are powerful strategies for more participation by people. But
they may be powerful only if the overall framework of national governance
changes - to become absolutely democratic and participatory.

2.9 Analysis of the National Child Policy of Ethiopia

In 2017, Ethiopia prepared the first comprehensive national child policy in line
with international child right conventions and Ethiopia context. The National
Children’s Policy of Ethiopia primarily focuses at generating ethical, responsible
and productive citizens by creating and sustaining a setting where children’s right
and welfare are protected (FDRE 2017).
According to ( E. Kebede, 2023), the policy is clear regarding the importance of
promoting the rights of children to ensure their wellbeing and also aims to provide
comprehensive plat form through which efforts by different stakeholders could be
coordinated . However, national child policy is not ultimate solution to the
problems facing children in Ethiopia, but it is a critical step and such a policy are
important in establishing road map to implement child right on the ground.

The drafted child policy of Ethiopia mentions and clearly states the mission, vision
and goal of the policy and responsible structure of the government. However, it has
various limitations and due to those limitations, child right implementations are not
effective (Bewunetu et al, 2022). For example, strategies of addressing the
cultural, economic and political causes are not stated clearly in the policy.

Although Ethiopia has brought important change on child well-being (Pankhurst et


al.2018), yet children still facing various economic and social challenges.
According to the current United Nations Report, Ethiopia ranks of 173 rd out of 189
countries regarding human development index, and 80% of children (36.2 million)
live in multi-dimensional poverty, deprivations in domains such as health, housing,
education, water, sanitation and hygiene (UNICEF 2017).

2.10 The Challenges of Implementing Child Right in Ethiopia

2.10.1 Social Attitudes towards children

The approaches we think and the related attitudes we hold have an effect on how
we treat children. Childhood, as Tatek (2008: 34) argues, “represents a notion
that is rooted in the idea of socialization. ”In socialization perspective, children
are viewed as “becomings” (Horton and Kraftl,2005: 135) and families as their
primary socializing agents. Accordingly, in Ethiopia, children are not conceived as
independent people with separate rights. In the eyes of parents, children are
simply embedded in the larger family structure. To the children in this study,
parents are a reference point for the direction they take in life. Parents have
rights to determine what children can and cannot do as part of their socialization
process in the direction of adulthood, for the reason that children are considered
as “incompetent and incomplete objects in the making” (Horton and Kraftl, 2005:
135). Because of this view, adults take responsibilities to ensure children’s
protection in their own manner. The fact that “children are not yet grown up” is
still used as a justification by many mother and father to take control over the
desires and interest of children (Ekundayo, 2015). Poluha (2004) relates these
relations to that of patron-client; relations that socialize children into the
“hierarchy trap.”

2.10.2 Traditional laws and practices

Often, as Fasil and Rakeb (2014) indicated, “traditional laws, decisions and
practices contradict with the rights of children.” There are discriminatory
attitudes and practices in many parts of Ethiopia under the guise of what one
child referred as “respect for cultural norms or differences. ”The legislative
measures fail to clearly stipulate that traditional and religious customs and
practices have to be reviewed to identify those customs and practices and
uncover attitudes and behaviors to be promoted due to the fact they are positive
to children’s rights (see Hollos, 2002), and those that have to be modified and
even banned because they reproduce systems that denied children fundamental
rights in so many ways (see Fasil and Rakeb, 2014). This oversight, as the children
commonly indicated, “continue to exclude children in cultures and traditions that
do not appreciate their best hobbies”.

2.10.3 Poverty and Deprivation

Poverty has placed extreme strains on households coping capacity (Abebe, 2007),
limiting their capacity to share material assets of care and support. Harsh
economic situation and changes in familial settings have given way to a situation
wherein parents are now to a large extent responsible for the care of children
with adverse effect on quality of care children received (Dan iel, 2015).

2.10.4 Political Challenge

In Ethiopia, the problem of child maltreatment and abuse has been rampant,
prevails in all communities and settings. It has been affected by different factors
such as lack of political commitment for implementations of signed and adopted
human rights instruments mainly CRC and different conventions, illiteracy, violent
conflicts and war, harmful traditional practices, and absence of proper systems for
birth and death registration and certification.

CHPTER THREE

3. METHODOLOGY

3.1. Description of the study area

This study will be conducted in Addis Ketema Sub-city (Woreda 8). Addis Ketema
is one of the 10 sub cities of Addis Ababa, the capital of Ethiopia and as of 2011 its
population was 271,664 and having different Woredas. Woreda 8 (named as
Merkato-Amharic means Italian- Market) area is a largest open air market place in
Africa, in Ethiopia, in Addis Ababa, again in Addis Ketema Sub city and in this area
there is high flow people from different regions of the country particularly
children, and there is high level of a child abuses, exploitations and
maltreatments in general. Because it is the Centre of the city that attracted a
variety of trade investment especially Hotels and Bars, Shopping’s and its area of
bus station that comes from different regions of Ethiopia. As a result there is large
number of street children found and vulnerable for different problems and their
number is increasing from time to time.

3.2 Research Design

The aim of this study is to describe the challenges in implementations of the child
right in the study area. In line with this, the research will employ a descriptive
qualitative research design. Because qualitative research helps to examines
process, experience and meanings. According to Cresswell(2007), qualitative
research design has advantage in gaining detail information about the issue under
conduct. Qualitative research needs small sample size and reflects detailed
description of participants’ feelings, opinions, experiences; and interprets the
meaning of their action (Denzin,1989). Because of this advantage, the qualitative
research design will be used in this study.
3.3 Sampling procedure

In this study a purposive (non-probability) sampling method will be used. Based


on this method the selection of respondents will be accomplished by considering
different attributes like age, gender, roles and responsibilities. According to
(Kumar, 1996), purposive sampling technique enables to choose participants
based on predefined standards that are related to the topic of the study. Berge
(2001), when developing purposive sampling, researchers use their knowledge
about some group to select respondents. Accordingly, the researcher will select
children from both sexes with in age range14-17 and family, children guardian,
governmental and non-governmental stakeholders and child right issue
professionals will be purposely selected based on their experiences they have
related to the issue of the study.

3.4 Sample Size

The sample size in purposive sample may or may not be constant prior to data
collection, due to the fact purposive sample sizes are often decided based on
saturation of the data (78 ). Data saturation is the most common guiding principle
for assessing the adequacy of purposive samples in a qualitative research (Morse,
1995 and 2015; Sandewoski, 1995). According to Cresswell (2013), data saturation
is a data adequacy point and it is not about the quantity of the data, but the
quality and depth of the data. It is confirmed that qualitative research can reach
saturation at relatively small sample size. Researcher like Benrard (2000),
indicates that between 10-20 knowledgeable participants are sufficient to
understand about the study of lived experiences.

In line with this, the researcher will classify the respondents based on their
experiences and prepare 10 individual interviews; for two police members, for 3
community members, for 3 street children and for 2 children in center, 2 FGD
having 6 members, for one NGOs workers group and one group of social workers
team, 4 key informant interviews; for 2 legal bodies(judges) in this Sub city and
for 2 Directors of office of Women, Children and Social Affairs of Addis Ketema
Sub-city , 4 in-depth-interviews; for 2 Woreda Level children issue team leaders
and for 2 NGOs workers working in the area on children issue.

3.5 Methods of Data Collection

In this study, semi-structured in-depth interviews, key informants interviews,


observation and document reviews will be employed. Semi-structured in-depth
interview is a more flexible version of the structured interview that allows depth
to be achieved by providing the opportunity on the part of the interviewer to
probe and expand the interviewee's responses (Alshenqeeti, 2014). Similarly,
Algozzine (2006, pp.39) stated that, ‘semi-structured in-depth’ interviews are
well-suited for qualitative research design and invites interviewees to express
them openly and freely and to define the world from their own perspectives, not
solely from the perspective of the researcher. Thus, based on the above
explanations, semi-structured in-depth interviews will be used as one tool to
gather the data.

The other method of data collection for this study will key informant interviews.
Key informant interviews were mostly suitable in qualitative research and apply
when the participants have special knowledge about the issues. Supporting this,
key informants have gained their knowledge by virtue of their position and
experience in the community, their established networks of relationships, their
ability to express themselves orally and their broad understanding of their
community. Individuals should be selected because they are knowledgeable
about specific issue (National Alliance of State and Territorial Aids Directors,
2011).

Observation particularly non-participants observation will be also employed in


this study. Non-participant observation referred to as naturalistic or direct
observation involves the researcher carefully watching participants or
phenomena without actively participating in the activity going to be observed. It is
about qualitative research design for gathering primary data about some aspects
of the social world without interacting directly with its participants.

The other technique of data collection used in this study will be documents.
Documents are used in order to examine or analysis of a variety of existing
sources. Document reviews is the process of exploring the ‘written’ evidence, or
the actual content of the documents. The document review is an efficient and
effective way of gathering data because documents are manageable and practical
resources (Leary, 2014).

3.6 Data collection instrument


To conduct this study, the data collection methods like observation, interviews,
focus group discussion and document review will be implemented using data
collection instruments like observation check lists, interview guides, focus group
discussion guides and document review guides respectively.

Life history: individual life histories are one kind of in-depth interview and very
good at looking people’s life style to get valuable information and evidence
related to research topic. The researcher will ask permission and write life history
of volunteer child among children on street.

Observation: observation will be done using observation check lists. The


researcher will plan, and then lists the conditions and other necessary things to be
observed in the area of study, and then fill information on the check lists.

Interview: interview will be implemented using tool interview guides. It enables


researchers to structure how to conduct their candidate interviews. It helps
researcher to know in what order and what to ask about depending on candidate
experience. Using this guides, the researcher will greet the respondents and make
clarification on what, why and when will make interview for respondents. Then
the researcher and respondents will have a common understanding about
interview going to be takes place. The interview will take 30- 40 minute with one
candidate.

In-depth interview will takes place using interview guides. First the researcher
will obtain the necessary information about respondents and the context in which
they operate. The researcher will make a list of topics to be covered, and then
schedule an interview at the time and date of respondents choice. Key informant
interview is open-ended question for leaders who know what is going and have
insider information and knowledge regarding the research topic.

FGD: The FGD will be done using FGD guides, and the researcher will search
volunteer respondents purposely and gather together to discuss on specific
topics. First they will be informed about the study, the aim of discussion and then
open ended question will be prepared for two groups made and FGD usually takes
60-90 minutes. Using these guides, the group will have facilitator and note taker.
There should be ground rules and agree on ground rules like not to interrupt one
another, everyone has the right to answer and participate.

Document Review- The study will also use secondary source from various
documents, manuals, journal and reports as a supportive source of the primary
ones.

3.7 Data Analysis

After the necessary data gathered and document reviewed, the researcher will
proceeded to process and analyze the data collected. As the data of this study is
qualitative, the thematic and interpretive data analysis technique will be used.
Thematic analysis method is used to analyze data by developing and emerging
themes and categorizing them. The data will be explained from particular/ specific
to the general perspectives using the themes analysis. Thematic analysis is a
technique for identifying, analyzing, organizing, describing and reporting themes
will found within a data set. Thematic analysis provides a highly flexible method
that can be modified for the needs of many studies, providing a rich and detailed.
Thematic analysis forces the researcher to take a well-structured method to
handling data, assisting to produce a clear and organized final report (Nowell
etal., 2017).

Accordingly, the voice recorded from individual interview, key informants and in
depth interview may be compared with a field notes written and organized into a
themes. Again the data collected from FGD will be categorized into another
theme and also data from observation and documents will have a theme and
finally, all the data in Amharic will translate to English and then analyzed. There
will be 5 different themes like children, community, social workers, legal bodies
and leaders of office of WCSA at Woreda level.

3.8 Ethical Considerations

First of all, the researcher will write a letter of requesting cooperation to office of
Women, Children and Social Affairs of Addis Ketema Sub-city and Woreda 7. Then
upon getting permission, the researcher will inform concerned bodies in Woreda
level and NGO coordinator in this study area. The respondents from children will
be asked via permission of parents or child guardian in line with child right
procedures and laws.

The researcher will adhere to and be guided by the ethical guidelines of the study
at all stages of the data collection procedures in order to generate valid,
trustworthy, and relevant data for research consumption as well as to ensure
confidentiality is maintained and participant rights to withdraw at any time are
protected.

Before the data collection, orientation will be given in order to explain the
objective of the study and the procedure. In addition a verbal consent will be
obtained from the study participants to confirm their willingness for participation.
Moreover, the respondent has notified that they should have the right to refuse
or terminate at any point.
4 Work plan schedule

No Activity time line in month: Year 2023/24

Description of Activities Oct Nov Dec Jan Feb- July Aug Sept Oct
Jun

1 Approval of thesis title

2 Submission of Synopsis

3 Proposal preparation and


getting modification and
correction on proposal

4 Data collection( field work)

5 Data Analysis and Report


Writing

6 Thesis Writing and submission

7 Thesis defense

8 Submission of approved thesis

5. Budget Breakdown

No Material type Quantity Price per Total cost Cents Remark


item

1 32 GB flash 1 350 350 00

2 Stationary and necessary 5 50 250 00


equipment

3 Photo copy 500 5 2500 00

4 Printing 500 5 2500 00

5 Binding 3 400 1200 00

6 Transportation - 2000 00

7 Other - 4000 00

Total 1009 810 12,800 00

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