Author(s)

Fikire Tinsae Birhane

School of Law, Hawassa University, Hawassa, Ethiopia.

Inclusion of bill of rights in domestic legal framework and rendering socio-economic rights justiciable is one of the main mechanisms through which such rights get effective enforcement. The Ethiopian (FDRE) Constitution has recognized socio-economic rights. It empowered ratified international human rights treaties to serve as standards of interpretation for the bill of rights recognized in the Constitution, many of which treat socio-economic rights as justiciable. However, the Ethiopian judiciary is reluctant to apply human rights provisions recognized in the Constitution, including socio-economic rights. It is argued that this is mainly attributed to the confusion existing as to the power of interpreting constitutional norms and their application, and the status of international treaties in domestic arena. The continued but waning debate over justiciability of socio-economic rights across the globe has also contributed its share, though insignificantly. This article, in an attempt to ascertain justiciability of socio-economic rights in the Ethiopian legal system, explores the conceptual foundations, and analyzes the normative provision of the FDRE Constitution and judicial perspective regarding justiciability of socio-economic rights.

Justiciability, Socio-Economic Rights, FDRE Constitution, Ethiopia

Birhane, F. (2018) Justiciability of Socio-Economic Rights in Ethiopia: Exploring Conceptual Foundations and Assessing the FDRE Constitution and Judicial Perspective. Beijing Law Review, 9, 322-344. doi: 10.4236/blr.2018.92021.