Legal Clinics Assignment

CLINICAL PROGRAM ON THE RIGHTS OF THE CHILD

Abstract

Children, due to their mental and physical immaturity, are among the vulnerable section of the
society. States are thus required to provide special protection and care for children by making
necessary legal and institutional arrangements. To this effect, Ethiopia has ratified international
and regional human rights instruments meant to provide protection for children. It also included
provisions protecting child rights in its constitution.

Yet, gaps still persist both in the law and practice in terms of fully realizing the rights of children
in Ethiopia. This clinical program aims to examine the legal and practical protection of children
in the Ethiopian legal system. In doing so, it attempts to evaluate the current statutory child rights
standards as well as taking part in community service and evaluating the practical application of
the laws by by Court and stakeholders.

Scope

The scope of this report is limited to the laws, practice, case reviews and observation regarding
child rights.

Level of the Court

We went out this practice at Ambo Woreda Court and West shewa zone women's and children
office. As well as with some visitation of West Shewa Zone prison administration.

Teammate

This clinical program is developed with the participation of the entire team And the spirit of
teamwork. Due to lack of facilities And lack of time we could not represent child as advocator!‌‌

Number of Clients

At least, we have served three or more clients.

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CHAPTER I

INTRODUCTION TO CHILD RIGHTS

Definition of Child internationally and Nationally

Biological, legal and social definition The United Nations Convention on the Rights of the Child
defines child as, "A human being below the age of 18 years unless under the law applicable to
the child, majority is attained earlier." This is ratified by 192 of 194 member countries.

Child Adolescent defined by the United Nations as those between the ages of 10 and 19,
adolescents experience a transition period between childhood and adulthood and with it,
significant growth and development. As children up to the age of 18, most adolescents are
protected under the Convention on the Rights of the Child.

Under the Ethiopian legal framework, the law provides that a child is "a person of either sex who
has not attained the full age of eighteen years."

A child (children) is a human being between the stages of birth and puberty, or between the
developmental period of infancy and puberty. The term may also refer to an unborn human
being.

The 7 stages of child development age

Some age-related development periods with defined intervals include: newborn (ages 0–2
months); infant (ages 3–11 months); toddler (ages 1–2 years); preschooler (ages 3–4 years);
prime childhood (ages 5–8 years); preteens (ages 9-12 years); and teens (ages 13–19 years).

Age determination for preschool children under 6 years of age where a clear date of birth is not
available.

Plan and other child focused institutions recognise birth registration as a priority issue that must
be promoted universally. Given that Ethiopia is one of the few countries in the world with no
birth registration system, the births of around 2.9 million children every year are not legally
recognised.

In clinical diagnostic and functional development, special needs refers to individuals who require
assistance for disabilities that may be medical, mental, or psychological.
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CHAPTER II. CHILD RIGHTS

Global perspective

All children have a right to grow up in an environment free from neglect and abuse. Their best
interests are paramount in all decisions affecting them. Children and their families have a right to
participate in decisions affecting them. Improving the safety and wellbeing of children is a
national priority.

The International Convention on the Rights of the Child contains 54 articles, which can be
divided into five main categories:

 Non-discrimination rights.

 Survival rights.

 Development rights.

 Rights to protection

 Participation rights.

But it's not just conflict. Poverty, discrimination, climate disasters, and gender inequality all push
children out of classrooms. High-income countries invest $8,543 per learner while low and
middle-income countries manage only $55 per student. Globally, millions of children cannot
access quality education1.

Children are, of course, humans; at least in theory, children have all the rights that adults enjoy in
a range of human rights treaties.

Every child has the right to health, education and protection, and every society has a stake in
expanding children's opportunities in life.

Children's rights are protected by a number of regional instruments and mechanisms in

Africa, North and Latin America, Asia and Europe.

Regional human rights systems strengthen the protection and enjoyment of human rights by
taking into account regional considerations, such as shared regional customs, values, culture, and
practices.

International and regional human rights instruments have provide protection to children by
prohibiting violence against them including sexual abuse. The Convention on the Rights of the
Child (CRC) and ACRWC are the most relevant among these instruments in terms of
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emphasizing sexual abuse as a form of child abuse. These instruments set down the State Parties
duties with regard to protection of the child from all forms of sexual exploitation and sexual
abuse.

Non-discrimination devotion to the best interests of the child, the right to life, survival and
development and respect for the views of the child.

 The needs rights and views of the child at the Centre of all practice and provision

Values the needs, rights and views of the child are at the centre of all practice and provision.
Individuality, difference and diversity are valued and celebrated. Equality of opportunity and
anti-discriminatory practice are actively promoted. Children's health and well-being are actively
promoted.

Regional human rights systems have also established conventions and guidelines that are
relevant to child-friendly justice.

THE NATIONAL CHILDREN'S POLICY OF ETHIOPIA

The National Children's Policy (2017): supports the nurture and development of children and
stipulates the necessary care and protection for children from social, economic, and political
problems. It also specifies care, support and rehabilitation services for children in difficult
situations.

child right in Ethiopian constitution According to the Ethiopian Constitution, Article 36 outlines
the rights of children, which include the right to life, a name, nationality, protection from
exploitative practices, and the right not to be forced to perform work that could harm their
education, health, or well- being; .

Education & Training Policy (1994), Right to free primary education, Girls' education emphasis,
Anti-discrimination provisions, Special needs education

Legal Framework for the Protection of Children in Ethiopia

The legal framework for the protection of children in Ethiopia consists of international and
regional human rights instruments ratified by Ethiopia, the FDRE Constitution and subsidiary
laws. This section of the article provides an overview of these legal frameworks.

1. Constitutional Foundation

Ethiopian Constitution (1995): Article 36: Comprehensive child rights provisions

Right to life, dignity, respect, Protection from abuse, exploitation, Education & healthcare
rights, Special protection for vulnerable children.

2. Primary Legislation.
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Revised Family Code (2000) Articles 1-310 (Child-related provisions)

Parental rights & responsibilities, Guardianship & custody, Child maintenance, Child welfare
procedures, Age of minority below (18 years)

3. Criminal Code (Proclamation 414/2004)

Child Protection Articles: Art. 613-625: Crimes against children

Art. 626-646: Sexual crimes (minors): Penalties for abuse, trafficking, exploitation, Child
witness protection provisions.

4. Labor Proclamation No. 1156/2019

Minimum working age: 15 years, 18 years for hazardous work, Rest periods & working hours
limits, Child labor inspection mechanisms.

National Instruments on Child Rights in Ethiopia.

1. Sectoral Legislation

Health-Related: Health Extension Service Proclamation, Immunization programs (legal

framework), Maternal & child health standards, Reproductive health provisions

Education-Related: General Education Quality Improvement Package (GEQIP), Alternative

Basic Education Proclamation, Technical & Vocational Education policy

Digital/Modern Issues: Telecom Fraud Proclamation, Cybercrime provisions (child protection

online).

2. International Conventions (Ratified).

Ethiopia has ratified a number of international and regional instruments protecting the rights of
the child including the CRC and the ACRWC. These instruments also have the status of the law
of the land as promentoring Article 9 (4)

Ethiopia is signatory to: UN Convention on Child Rights 1991 Ratified, African Charter on
Rights of Child 2005 Ratified , ILO Convention 182 (Worst Forms of Child Labor) 2003
Ratified, ILO Convention 138 (Minimum Age) 1999 Ratified, Optional Protocol (Child
Trafficking) | 2010 Ratified.

3. Policy Frameworks.

National Child Policy (2021): Vision 2030 for child welfare, Protection from exploitation,
Education & health priorities, Disability inclusion, Implementation roadmap

 National Strategy on Violence against Children.

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 Prevention mechanisms, Response protocols, Rehabilitation services, Community

engagement

 Child Protection Strategy; Social protection programs, Vulnerable child identification,

Safety nets & support, Institutional capacity building

 National Plan of Action (Various)

Against child trafficking, for child welfare, Education for all, Health & nutrition

4. Institutional Frameworks

Government Bodies: Ministry of Women & Children, Social & Labor Affairs Policy &
coordination, Federal Police (Child Protection Unit) Investigation & enforcement, Federal &
States Courts (Family Benches) Child case adjudication, Regional Bureaus Implementation at
regional level, Kebele Administration and Ground-level enforcement.

Supporting Institutions: Ethiopian Human Rights Commission, Ombudsman Office, Federal

Attorney General Office

5. Operational Instruments.

Implementation Tools: Child Protection Guidelines (for practitioners), Standard Operating

Procedures (SPOs), Training Manuals (police, judges, social workers), Reporting Mechanisms
(hotlines, complaints), Budget Allocations (national budget codes)

6. Enforcement Mechanisms.

Judicial: Specialized children bench in courts, Fast-track procedures for child cases, Witness
protection in court, Rehabilitation-focused sentencing

CHAPTER: III Preliminary Skills Required for the Program

Preliminary Skills Required; which we have used to conduct this legal clinics:

Legal & Technical Skills: Core Legal Knowledge, Understanding child rights laws (national &
international), Constitutional provisions protecting children, CRC (Convention on the Rights of
the Child), Evidence and procedural law basics

Case file management, Report writing and analysis, Data collection and organization.

Advocacy Skills

Policy analysis and drafting, Legal writing and argumentation, Court petition preparation,
Strategic litigation planning
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Soft & Interpersonal Skills: Communication, Active listening (especially with traumatized
children), Clear explanation of legal concepts,Culturally sensitive communication

Counseling & Sensitivity: Trauma-informed approach, Child psychology basics, Emotional

intelligence, Confidentiality and ethics

Client Management: Intake interviews, Case assessment, Client documentation, Follow-up

protocols

Practical Competencies: Court procedure familiarity, Interview techniques, Legal aid provision,
Community engagement, Supervision and mentoring
Method of communication we have used.

 With Respect of children and their views and

 With prioritization and Protection of children’s best interests.

When we engaged in this clinical program, we have used language that is understandable for
child and appropriate to their age. Be clear, specific and did not use derogatory words. Using
kind language helps set a positive. Remembering, the conversation make our little one feel
respected and loved.

Also we focused on nonverbal communication. Exaggerate our gestures. Use both our body and
our voice when communicating – for example, by extending our hand to point when you say
“look” and nodding your head when you say “yes.” Use gestures that are easy for child to
imitate.

When possible, talk to and get information directly from the child or adolescent with a disability,
and not only from their caregivers. Be patient. Do not make assumptions. Confirm that we
understood what the child has expressed.
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CHAPTER: IV. PRACTICE

PRACTICAL PROBLEMS IDENTIFIED

Labor: Children work in agriculture, manufacturing, and informal sectors, Limited enforcement
of labor laws

Education Access: High dropout rates, especially for girls, Limited school infrastructure in rural
areas, Trafficking & Exploitation, Internal and cross-border human trafficking, Sexual
exploitation

Justice System Issues: Child Soldiers recruitment (historically), Limited juvenile justice
protections, Poor detention conditions

Family/Social Problems: Early/forced marriages (especially girls), Domestic violence, Limited

access to healthcare

Poverty-Related: Street children without protection, Child begging, Limited social welfare
systems

Contributing Factors: Poverty and economic hardship, Weak law enforcement, Limited
resources for child protection agencies, Cultural practices conflicting with rights.

Client Services Provided

1. A woman who spoke to us to file a lawsuit need some advice of her two children's
maintenance we advised her and to provided her with the necessary services by asking her to tell
us from his monthly salary income, farm income from his land agriculture and if there is
anything else, we asked her to tell us and wrote a statement of claim.‌

2. Another, a 15-year-old whose father kicked her out of the house and goes to the ground
confused and suffering from hunger and thirst, she came to court and accused by saying “I want
to suit my father to share the property for me”. and we told her that, since her case we
understood closely that she did not have the legal capacity to sue her father and after advising her
that, even though he has obligation to provide maintenance for you, he has no duty to distribute
his property for you, Then After that the matter was referred to the office of women and children
to report and directions and information we gave her and what she needed and led her.

CHAPTER: V. CASE ANALYSED.

CASE REVIEWED ON CUSTODY AND MAINTENANCE OF CHILDREN.

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Federal supreme court Cassation division decision:

F/N: 130931, June 19, 2009

Payability should be considered. Accordingly, the petitioner from Nehase month 2007 AD Since
then, he has paid Birr 4,000.00 (four thousand Birr) every month to the girl.

According to the petitioner's request, deposit 6 months of income in the respondent's bank
account at one time.

696,000.00 Birr (Six Hundred Ninety Six Thousand Birr) as guarantee of payment.

If you can't do this, if you hold a sufficient personal guarantee or property bond, for the rest
696,000.00 Birr (six hundred and ninety-six) for 14 years and 6 months to the bank account of
the babysitter for this purpose at one time.

It was affirmed by the decision saying that it was not found to be wrong.‌‌

As the amount of money and the aggravating circumstances were not found to be a fundamental
error Law.

CHAPTER VI: COUNSELING AND HANDLING REAL CASES

The case entertained by: Judge, Nega Belama.

Family bench.

On a claim to prove Paternity And pay the maintenance of two children

1. When the defendant husband denies that he doesn't knows of any other child that she or the
plaintiff claims but admitted only one child belongs to him.

Then the judge immediately ordered him to pay 1,000 birr. for a child's maintenance and paid it
there.

Meanwhile, an elder intervened and asked the court to allow them to reconcile. The judge asked
them to choose an elder for both sides and ordered them to the eldership, arbitration. ‌

2. Another Applicant applied for execution of judgment on the child's custody and payment of
maintenance of children.

We have seen how the court executed the child's maintenance judgment. It was decided after the
dissolution of marriage two years ago and focused on the child's maintenance for the time being,
the decision was then made and the respondent or the father of the children who credited to pay
two quintals of barley and 4,000 (four thousand) birr per year for the four children they have
with his ex wife. Also it is submitted to enforce the order to pay. The respondent appearing
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before the judge by saying "my children is being used by someone else and the maintenance I
pay for are not used for my kids, their share is being eaten by someone else in response".

Consequently, the judge called the children into the Court room the four who came, then he
ordered the mother and father to leave and stay out of court room. Then after he asked one by
one the four children their identity (who they are), he took them out and asked them one by one,
where they were now living?, and they told him that they were living with their mother. Then
the judge slowly approached to kids by asking whether your mother advised you to say this or
not at the evening here he sends, they said "they didn't even advise us, we are actually living with
our mother".

Then the Judge called the mother and father to enter in court room and then ordered him to pay
the children's maintenance within a week and though the man argued "where i could get it and
pay it in a week?", however, the judge said where have you been before! And you have spent so
much time with it! After that telling him not to give him more time and shall pay within this
week to the petitioner/guardian of the children. He said to the mother of those children “if he
does not deliver for you in this week come back” Lastly he made an appointment to the today's
week and set its time and let them go.‌‌

Case 3: Determination of Child Maintenance Amount Based on Payer’s Income

In this case, a woman appeared before the court seeking maintenance for her three minor
children following separation from the father. She requested the court to determine and order a
reasonable monthly maintenance amount. The defendant (father) argued that his income was
insufficient, claiming he only earned a small salary from casual work and had limited produce
from his farmland.

The judge inquired in detail about the father’s sources of income monthly salary if any income
from agricultural activities on his land and any other earnings. The plaintiff provided information
on the children’s needs (school fees, food, clothing, and health expenses). After listening to both
parties and asking clarifying questions, the judge calculated a proportionate amount considering
the father’s combined income and the children’s basic requirements. The court ordered the father
to pay a fixed monthly sum in cash plus a contribution of grain from his harvest, with payment to
be made directly to the mother or through the Women and Children Office. The judge warned
the father of enforcement measures (including possible attachment of property or other
sanctions) in case of default and scheduled a review hearing after six months.

Analysis

This case illustrates the practical application of the obligation to supply maintenance under
Chapter Eleven of the Revised Family Code Proclamation No. 213/2000. Courts must determine
maintenance based on the means of the parents (income and assets) and the needs of the children
(age, education, health, and living conditions). The judge’s detailed inquiry into both salary and
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farm income reflects a realistic approach suitable for rural Woreda courts in West Shewa Zone,
where many litigants rely on mixed agricultural and informal earnings.

The inclusion of both cash and in-kind contributions is pragmatic in an agricultural area like
Ambo. Setting a six-month review hearing also shows awareness that circumstances (e.g.,
harvest yields or children’s schooling costs) may change. This aligns with the best interests of
the child and the right to adequate standard of living.

Strengths observed:

Thorough assessment of the payer’s actual capacity rather than accepting vague claims of
poverty.

Balanced order that considers both parents’ realities while prioritizing the children.

Forward-looking review mechanism to allow future adjustments.

Challenges observed:

Determining exact income from informal agriculture remains difficult and can lead to under- or
over-estimation.

Enforcement still depends on the custodial parent returning to court if payments lapse.

No apparent involvement of a social worker or investigator from the West Shewa Zone Women
and Children Office to independently verify income or children’s needs.

CHAPTER VII:

CONCLUSION AND RECOMMENDATIONS

This clinical program revealed a robust legal and policy framework for child rights in Ethiopia,
grounded in the CRC, ACRWC, and domestic law. Progressive elements include constitutional
protections, specialized family benches, and the emerging Draft Children’s Rights Protection
Proclamation, which promises mandatory reporting, dedicated budgets, and stronger juvenile
justice.

However, the gap between law and practice remains wide. In Ambo and West Shewa,
enforcement is hampered by limited resources, low birth registration ~37% nationally, lower
rurally weak inter institutional coordination poverty and harmful cultural practices.
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Observed cases showed judicial creativity in hearing children’s views and enforcing
maintenance, yet systemic issues (child labor, education dropouts, early marriage risks) persist
and disproportionately affect girls and rural children.

The clinical experience reinforced that child rights realization requires not only strong laws but
effective implementation community awareness and adequate resourcing. Teamwork and child-
sensitive methods proved essential for meaningful engagement.

RECOMMENDATIONS

To Courts and Judiciary:

 Expand specialized childn friendly benches with trained judges and private interview
protocols.

 Develop standardized guidelines for maintenance enforcement including income

assessment tools and realistic payment plans.

 Increase use of non custodial measures and rehabilitation in juvenile matters.

To Women’s and Children’s Offices and Government:

 Strengthen coordination with courts for timely referrals and follow-up.

 Accelerate birth registration (integrate with health extension workers reduce practical
barriers like fees/awareness)

 Fully operationalize the Draft Children’s Rights Protection Proclamation, including

mandatory reporting and budget allocations.

 Scale up social protection programs targeting rural areas like West Shewa.

To Legal Clinics and Universities:

 Advocate for dedicated clinical facilities to enable full representation.

 Integrate more field-based training on trauma-informed practice and digital child

protection.

 Conduct follow-up studies on case outcomes (e.g., maintenance payment compliance).