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Publication

National Human Rights institutions and social and economic rights: examination of mandate and practice of the Ethiopian Human Rights Commission

Book Contribution - Chapter

Traditionally, national human rights institutions (NHRIs) have focused on monitoring civil and political rights and attempt to deal with economic, social and cultural rights (ESC rights) is perhaps the weakest part of their efforts. A specific focus on these rights is only expressly stated in the mandate of a few NHRIs. The issue is, therefore, whether NHRIs do have a mandate to enforce these rights. However, an increasing focus on the protection of ESC rights is likely to change this question. Since the World Conference on Human Rights, held in Vienna in 1993, there is a heightened interest in the protection of ESC rights. Realizing a potentially vital role NHRIs can play in enforcing ESC rights, international and regional human rights monitoring bodies, NGOs and commentators have been urging NHRIs to promote and protect these rights. Thus the issue as to whether NHRIs can be entrusted with the role of enforcing ESC rights is likely to diminish from time to time with the increasing attention given to issues of these rights, both internationally and nationally, over the last two decades. The Human Rights Commission of Ethiopia (Commission) was set up in 2000 and started its operation only in 2004. The mandate granted to the Commission is couched in broad and general terms and does not indicate the type of human rights falling within the ambit of the Commission’s competence. It is the objective of this piece to examine the provision of the law that established the Commission and determine whether the Commission is mandated to protect social and economic rights. Most importantly, it reviews the practice of the Commission to see if the Commission is enforcing these rights since it embarked on its operation. The discussion on issues raised here are based on the analysis of the relevant the provisions of the law setting up the Commission, a review of the relevant literature, and an examination of the promotional and monitoring works undertaken and cases decided by the Commission.
Book: National human rights institutions and economic, social and cultural rights
Pages: 121 - 141
ISBN:9781780681450
Publication year:2013
Accessibility:Open