Communication 341/07 - Equality Now v Ethiopia
Respondent State's submissions
96.
The Respondent State avers that it has a legal framework for the promotion and
protection of fundamental human rights and freedoms, and women's and
children's rights in particular. The FDRE Constitution is the basic and supreme law.
By Article 25 of the FDRE Constitution, all persons are equal before the law and are
entitled to equal and effective protection of the law without discrimination. The
right to have one's cause heard under Article 7 of the Charter is guaranteed as the
right to bring a justiciable matter to a court of law or any other competent body
with judicial power.2 Article 78 of the FDRE Constitution guarantees the
independence of the judiciary. Due process is also safeguarded.3 The right to life,
security of the person and liberty are guaranteed under Article 14 of the FDRE
Constitution. Every person has the right to protection against cruel, inhuman or
degrading treatment or punishment. Slavery and servitude are prohibited.4 By
Article 35(4) of the FDRE Constitution, the State is obligated to enforce the rights of
women to eliminate the influences of harmful customs. In this regard, laws,
customs and practices that oppress or cause bodily or mental harm to women are
prohibited. In addition to the fundamental rights under the FDRE Constitution,
there are several international human rights instruments which have been ratified
and form part and parcel of the domestic laws in terms of Articles 9(4) and 13(2) of
the FDRE Constitution.
97.
Subsidiary laws have also been enacted to augment and implement the protections
under the FDRE Constitution. Rape is a criminal offence, and if committed on a
young woman between the ages of 13 - 18 or committed with aggravating
circumstances, the punishment is escalated.5
98.
In addition to enactment of the above legal framework, various efforts are also
being made to implement the laws, sensitise the general public about human rights
generally and the rights of women and children in particular. Among others, it has
mainstreamed women's and children's rights by mandating government ministries
and department at all levels to attend to women's concerns, oversee the respect,
protection and implementation of women's rights, and provide material and
technical support for women generally, and victims of abuse specifically. It has also
ensured the equality of women with men by improving access to higher education
for girls using affirmative action interventions. Harmful traditional practices such
: FDRE Constitution, Art. 37
(Id, Arts. 20(3), 20(5), 20(1), and 20(6).
4 Id, Art. 18(2)
5FDRE Criminal Code, Art. 620(1), (2)and (3)