SAMARA UNIVERSITY

Department of Civic and Ethic study

Title: The Status of Child Rights Protection: The Case ofsamar town

A Senior Essay Submitted to the Department of Civics and Ethical Studies In

Fulfillment the Requirement For The Bachelor of Art (BA) Degree in Civics
and Ethical Studies

Abebe tigabu

ID.NO. 1201952

ADVISOR: ENATNESH SHIFERAW(MA)

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 T ABLE OF CONTENTS

List of tables.................................................................................................................................................v
Abstract ..............................................................................................................................................
Chapter-1: INTRODUCTION.........................................................................................................................1
1.1 Background of the study...................................................................................................................1
1.2 Problem Statement...........................................................................................................................3
1.3 Objectives of the Study.....................................................................................................................4
1.3.1 General objective........................................................................................................................4
1.3.2 Specific objective........................................................................................................................4
1.4 Research question.............................................................................................................................5
1.5 Significant of the study......................................................................................................................5
1.6 Scope of the study.............................................................................................................................5
1.7 Limitation of the study.......................................................................................................................5
1.8 Organization of the study..................................................................................................................5
Chapter-2: LITERATURE REVIEW..................................................................................................................6
2.1 Definition of the Concept of Child Rights Protection.........................................................................6
2.2 The Historical Development of the International Child Rights Protection System.............................7
2.3 The League of Nations and Child Rights Protection...........................................................................8
2.4 The United Nations and Child Rights Protection.............................................................................10
2.5 The Convention on the Rights of the Child (CRC)............................................................................14
Chapter-3: RESEARCH METHODOLOGY.....................................................................................................16
3.1 Description of the study area..........................................................................................................16
3.2 Research Design...............................................................................................................................16
3.3 Sampling Techniques and Sampling Size procedure........................................................................16
3.4 Data collection tools........................................................................................................................17
The researcher used multiple data collection tools to collect the relevant data for the study.............17

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 3.4 Sources and data Types...................................................................................................................17
3.5 Method of data analysis..................................................................................................................17
3.6 Ethical consideration.......................................................................................................................18

5.1 Conclusion.......................................................................................................................................26
5.2 Recommendation............................................................................................................................27
References.................................................................................................................................................28
List of tables

Table 4-1 Respondents by sex......................................................................................................18

Table 4-2 Respondents by age group.............................................................................................18
Table 4-3 Respondents by marital status......................................................................................19
Table 4-4 Respondent by religious................................................................................................19
Table 4-5 Respondent by work experiences..................................................................................20
Table 4-6 Respondent by educational level...................................................................................20
Table 4-7 Respondent by occupation status..................................................................................21
Table 4-8 the current status of child rights protection in the town................................................21
Table 4-9 constitution and proclamation right practical implementation in the town...................23

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 A BSTRACT

This study focused on the child rights protection in Samara town.

To conduct this study the researcher used to relevant methodology in order to collect data. The
research proposal used purposive technique, because it is important to select knowledgeable
respondent. The researcher also used both primary and secondary data, primary data through
questionnaire and interview, and secondary data used from the book, Internet, and other
published and unpublished materials. In this study the researcher used descriptive analysis by
percentage and table.
The researcher analysis of the data collected based on questionnaire and interview from the
respondent will be get information about the issues of child rights protection in the town. This
indicated that the child rights protection in samare town is medium due to the lack of
awareness of the society on the child rights protection, unwillingness to take different training
about human rights institution for how to protection child rights in the town, harmful
traditional practice and weaknesses of human rights institution to performing their duties for
how to protection the child rights in the town.

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 CHAPTER-1:

INTRODUCTION
1.1 BACKGROUND OF THE STUDY
The Child protection is understood in various ways by different organizations. United Nations
International Children Emergency Fund (UNICEF) defines child protection as preventing and
responding to violence, exploitation and abuse against children, including commercial sexual
exploitation, trafficking, child labor and harmful traditional practices such as female genital
mutilation/cutting and child marriage (UNICEF, 2004 & 2006:1 & 8). Save the Children (SC)
defines child protection as measures and structures to prevent and respond to abuse, neglect,
exploitation and violence affecting children (Save the Children,2010:4).Thus, the above
definition entails as child protection is responding or taking measures in order to make sure that
children right are not subject to any harm. Moreover, as (Oladiji) indicated the concept of child
protection as taking measure in order to protect the rights of children can be understood from the
perspective of the Convention on the rights of the child ( CRC) that draws the human rights to be
respected and protected for every child under the age of 18 years. Thus, since child rights
protection depends on the level of implementation of the convention via taking measures the
convention not only recognizes these rights to be protected, but under Article 4 it also draws
their appropriate implementation measures so as to protect the rights of children (Oladiji,
2012:51). Child-saving movement has got birth in the nineteenth century where those legislation
that protect the Child rights has developed in different parts of the western world ( Rai;ND:3 ).
Moreover, as a consequence of the second world war an agreement was reached affirming that
the protection of rights is an international concern and it was contended that all individuals are
allowed to acquire basic human dignity by virtue of their humanity and that certain human rights
are universal and fundamental. Thus, they shall not and cannot be violated by cultural and
5
religious traditions .this resulted Universal Declaration of Human rights (UDHR). However ,for
the right of children were implicitly addressed many contended as the special needs of children
justified an additional separate document .as a result , on its formation after the second world war
the United Nation (UN) accepted the declaration of Geneva; which is developed by the
international save the children Union in 1923 and restructured the declaration in 1959
(Webb.2014:1). However, states are the primary responsible body for the protection of children.
So that, they are expected to set up and implement child protection system that ensure Non-
Discriminatory access to children under their jurisdiction in Line with their international
obligation United Nation High Commissioner for Refugees (UNHCR, 2012:12) According the
recognition of children with in alienable and indivisible rights in traced back to 1924 when the
League of Nations adopted a declaration on children's rights in Geneva. the Universal
Declaration of Human Rights (UDHR) charter of 1948 also as a vital role in furthering the united
nation commitments to the protection human rights in world without a
discrimination .moreover , the observance of 1979 as the International Year for Child (I Y C )
gave father impetus the children 's program. As a result, long term benefit of the innovative
programs for children's and family gave a sense of optimism about the possibility of preventing
children from the adverse effects of hostile social environment (Gupta, 2001:135). Therefore,
this directly indicates that different international human rights instruments are very important the
improvements of children’s well-being. The Ethiopia child protection system in managed by the
ministry of justice, ministry of labor and social affairs, ministry of women, youth and child affair
and federal HIV/AIDS protection and control office Ministry of Labor and Social Affairs
( MOLSA) . Ethiopia government has taken various actions to strengthen child protection system
in country level. With this government has embarked on policy reform and put legal instruments
and developed guideline for the protection of women and Children Africa Child Forum (ACF,
2013). A large number of children have suffered from the ills of poverty illiteracy sexual abuse
and exploitation (MOLSA, 2004). In addition to these measures the government has put in place
an ombudsman for children along with other ombudsman's African Child Forum( ACF, 2013).
According to ( FDRE Constitution ) article 36 of the 1995 constitution of the federal democratic
republic of Ethiopia has also clearly defined rights of children .it state that every child has (a)
rights to life (b) to a name and nationality (c) to know and be cared for by his or her parents or

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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) shall be free of any punishment which hurts the child ,all actor should respect best
interest of the children ( FDRE,1995-P.11 )

1.2 PROBLEM STATEMENT

ETHIOPIA IS A STATE PARTY TO THE CONVENTION ON THE RIGHTS OF THE CHILD (CRC) SINCE
1991 THE COUNTRY ALSO RATIFIED THE AFRICAN CHARTER ON THE RIGHTS AND WELFARE OF
THE CHILD (ACRWC) IN 2002.HOWEVER, IN THE DOMESTIC LAW THE ISSUE OF VIOLENCE

PUNISHMENT OF CHILDREN AT HOME IS NEVERTHELESS ADDRESSED IN GENERAL AND AMBIGUOUS

MANNER. ETHIOPIA REVISED CRIMINAL CODE (ERFC) AND THE CRIMINAL CODE OF ETHIOPIA

(CCE) ALLOW PARENT TO IMPOSE LIGHT PUNISHMENT UPON CHILDREN, BUT DO NOT CLEARLY SET
THE BOUNDARY BETWEEN LIGHT AND SERIOUS PUNISHMENT (TADELE 2005:116). MOREOVER,

VIOLENCE PUNISHMENT OF CHILDREN IS PROHIBITED IN PUBLIC SPHERE LIKE SCHOOL, BUT STILL

LEGAL AT HOME AND IN THE FAMILY CONTEXT. THUS, IT IS A CRIME FOR A TEACHER OR SCHOOL

ADMINISTRATOR TO PHYSICAL PUNISH OR VERBALLY INSULT A CHILD AT SCHOOL FOR DISCIPLINARY

REASON, BUT A RIGHTS AND EVEN SOMETIME CONSIDER TO BE AN OBLIGATION FOR PARENT

GUARDIAN AND SOME SENIOR FAMILY MEMBERS TO PUNISH A CHILD AT HOME IN THE SAME WAY,

FOR MAY BE SIMILAR” WRONGDOING”. VIOLENCE AGAINST CHILDREN (VAC) IS A SENSITIVE AND

UNDER REPORTED PROBLEM THREATENING THE SURVIVAL AND DEVELOPMENT OF CHILDREN

THROUGHOUT THE WORLD (CHILD ET AL.2014:1648; RAHAMAN AND TAREQUE 2013:1). THE

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NONGOVERNMENT ORGANIZATION (NGO) SAVE THE CHILDREN HAS REPORTED THAT VIOLENCE

CHILD DISCIPLINE WHICH INCLUDING PHYSICAL, VERBALLY HUMILIATING AND PSYCHOLOGICAL

PUNISHMENT BY PARENT GUARDIANS AND OTHER ADULT FAMILY MEMBER IS THE MOST COMMON

FORM OF VIOLENCE AGAINST CHILDREN(SAVE THE CHILDREN 2013:18)

Laws are the bases in order to protect human rights, particularly child rights for they describe
individual rights and obligations on the one hand and the nature and limits of state action on the
other African child police forum (ACPF, ND:2).Thus, in order to protect children there has
been a significant progress in terms of ratifying and developing legal instruments in Africa.
While many countries have matched their national laws with international and regional standards
others are in the process of doing so. According to civil society organization proclamation
number (621/2009) nongovernment organization are restricted from implementing rights based
programs and limited from the use of fund from aboard for Ethiopian charity and Ethiopian
resident charity (p.2).this has huge repercussion on funding child protection in Ethiopia(p.32).

According to United Nations International Children Emergency Fund (UNICEF) Children

violence can be take many form including physical, psychological ,sexual abuse and emotional
abuse, and child labor, child prostitution ,injury, rape, beating, early child marriage, female
genital mutilation, insult, neglect or negligent treatment, exploitation and these violence occurs
in many settings including the Home, schools, Orphanages, Community, neighbors,
teacher ,residential care facilities, on the streets, in the workplace ,in prison and in places of
detention . Any of these that are potentially or actually harmful to a child health, survival, dignity
and development are abuse.

Violence against Children is one of the biggest problem affecting families and societies. It
happen all around the world, in all Country and societies, all too often it happen in the family.
Organized sexual abuse refers to the range of Circumstances in which multiple children are
subject to sexual abuse by multiple perpetrators. In these Circumstances, Children are subject to
range of serious harms that can include child prostitution, and the manufacture of child
pornography, and bizarre and sadistic sexual practice, including Ritualistic abuse and torture
(Salter M; 2012)

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1.3 OBJECTIVES OF THE STUDY

1.3.1 GENERAL OBJECTIVE

The general objective of the study is to assess the challenges and prospects for effective child
rights protection in samara town.

1.3.2 SPECIFIC OBJECTIVE

The researcher aim to achieve the following specific objectives

1. To examine the gap between constitution provision and practical implementation of child
rights protection in the town and to fill the gap
2. To assess the major challenges that affect child rights protection in the town
3. To analysis the current protection endeavors of child right protection in samara town

1.4 RESEARCH QUESTION

This researcher would be answering the following question:

 What are the gap between constitutional provision and implementation of child
rights protection in the town?
 What are major challenges that affect the child rights protection in town?
 What is the current state of child right protection in samaa town?

1.5 SIGNIFICANT OF THE STUDY

The significance of the study conducting this research can be show the present the Child rights
protection and given emphasis to concerning body for improving child rights protection in the
town. In addition to the above this research is very important as source of knowledge about the
Child rights protection including its respective challenges and prospects in samraa town.

1.6 SCOPE OF THE STUDY

Geographical, The Scope of The Study is Limited to Samara and Conceptual the Study Will be
Covering the Child Rights Protection. There for research focus on Challenges that affects Child
rights Protection in town.
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1.7 LIMITATION OF THE STUDY
The researche proposal can be various limitations, like that of the shortage of time due modular
system of education and shortage of budget. In addition to above in accessibility of adequate
materials, unwillingness of the respondents to give appropriate responds.

1.8 ORGANIZATION OF THE STUDY

This study organized into chapters three. Chapter one will be deal about introduction part, which
include back ground of the study, statement of problem, objective of the study, general
objectives of the study, specific objective, research questions, significance of the study, scope of
the study, limitation of the study, key term and operational definitions and organization of the
study and chapter two would be contain the literature review related concepts of the research
topic. Chapter three would be focus on methodology and methods of data collection.

CHAPTER-2: LITERATURE REVIEW

2.1 DEFINITION OF THE CONCEPT OF CHILD RIGHTS PROTECTION
Concept Child Protection is understood in various ways by difference Organizations. United
Nation International Children Emergency Fund (UNICEF) defines Child Protection as

10
Preventing and responding to violence, exploitation and abuse against Children, including
Commercial Sexual Exploitation, trafficking, Child Labor and harmful traditional Practices Such
as female genital mutilation/Cutting and Early Child Marriage (UNICEF, 2004 & 2006:1 & 8).
Save the Children defines Child Protection as Measures and Structure to Prevent and respond to
abuse, neglect, exploitation and Violence affecting Children (Save the Children, 2010:4). Thus,
the above definition entail as Child Protection is responding or taking Measures in order to make
Sure That Children's Rights are not Subject to any harm. Moreover, as (Oladiji) indicated the
Concept of Child Protection as taking Measures in order to protect the rights of Children can be
understood from the perspective of The Convention on the rights of the Child (CRC) That draws
the human rights to be respected and protected for every Child under the age of 18 years. Thus,
since Child rights Protection depends on the level of implementation of the convention via taking
measures the convention not only recognizes these rights to be protected, but under Article 4 it
also draws their appropriate implementation measures so as to protect the rights of Children
(Oladiji, 2012:51).

child-saving movement has got birth in the nineteenth century where those legislation that
protect the child rights has develop in different parts of the Western world (Rai; ND:3).
moreover, as a consequence of the second world war an agreement was reached affirming that
the protection of rights is an international concern and it was contended that all individuals are
allowed to acquire basic human dignity by virtue of their humanity and that certain human rights
are universal and fundamental. Thus, they should not and cannot be violated by cultural and
religious traditions. This resulted Universal Declaration of Human Rights (UDHR). However, for
the right of children were implicitly addressed many contended as the special needs of children
justified an additional separate document. as a result, on its formation after the second world war
the UN accepted the declaration of Geneva; which is developed by the international save the
children Union in 1923 and restructured the declaration in 1959(Webb,2014:1). However, states
are the primary responsible body for the protection of children. So that they are expected to set
up and implement child protection system that ensure non-discriminatory access to children
under their jurisdiction in line with their international obligation United Nation Convention on
the Rights of the Child (UNHCR, 2012:12).

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2.2 THE HISTORICAL DEVELOPMENT OF THE INTERNATIONAL CHILD RIGHTS
PROTECTION SYSTEM
The impact of Hebrews, Greeks and Romans Culture on Western Society let Children to be taken
for granted by their parents and the patriarchal Society at large. As a result of this, they were
considered as object of intervention rather than as legal Subjects who has rights. However,
Child-Saving movement has got birth in the nineteenth century where those legislation that
protect the Child rights has developed in different parts of the western world(Rai,ND:1&3).
Accordingly, the 1904 International agreement for the Suppression of white slave traffic is one
of the first conventions that specifically address Children as a group. Moreover, with the
establishment of League of Nations in 1919 the international protection of Children's rights has
got further impetus. Within a decade of its establishment, League of National (LON) has ratified
the International convention for the Suppression of traffic in women and Children 1921, Slavery
convention and also the 1924 Declaration of the rights of the Child (DRC), on which the 1959
DRC clearly built upon. However, since the earlier international agreements had only
concentrated on particular problems affecting Children such as working conditions and slavery
the landmark towards the international norms concerning the global protection of Children was
marked with the coming of 1924 Declaration of the Rights of the Child DRC (Hodgson,2009:3-
4) beside, now a days the coming of United Nation ( UN) has resulted considerable success in
terms of enacting a comprehensive set of international human rights for Children
(Hodgson,2009:1).indeed the United Nation (UN) legal framework including the basic human
rights instruments has already recognized these rights. For example, the so-called International
Bill of Human rights contains abroad set of human rights also address Children, and many of its
principles are reflected and validated in children-specific legislation. However, specifically
vulnerable group such as women and children have been granted special protection by UN legal
framework. In this regard the most notable United Nation (UN) manifestation to advance
children, s rights is the CRC (Ruppel, ND: 55-57). The convention has carved out the aspects of
children, s rights that are being promoted over the last number of years (Hayes, 2002:19).
Primarily Convention on the Rights of the Child (CRC) addressed four aspects of children rights
or the four: participation by children in decision affecting them; protection of children against
discrimination and all form of neglect and exploitation; prevention of harm to them; and

12
provision of assistance to children for their basic need (Stern, 2007:38 & Zeldin, 2007:2).
However, children rights are usually categorized in to three aspects that are called “three P's":
protection rights, participation rights, and provision rights (Brems, 2007:69). International Bill of
Human Rights are the Universal Declaration of Human Rights (UDHR), International Covenant
on Civil and Political rights (ICCPR) and the International Covenant on Economic, Social and
Cultural Rights (ICESCR)

2.3 THE LEAGUE OF NATIONS AND CHILD RIGHTS PROTECTION

Under the earlier patriarchal model where fathers power over his household was like that of
a God children were assumed as a property or possession of their father. As a result, children
have been people that were to be s e e n and not heard. However, in the late nineteenth
century children in Europe and North America came to be considered as a special population
in need of protection. Child saving attracted the attention of many social reformers to the
extent of leading the development of child welfare systems, Juvenile courts, and other special
arrangements for children (Todres, 2014:266-267). In the early part of the century Non-
Governmental Organizations (NGOs) with the specific aim of improving the lives of children
came into existence and started to run this process i.e. the Child saving move or process.
Among these was the International Save the Children United Kingdom, founded by
Eglantyne Jebb in 1919. Then this Charity Organization Society shifted from raising funds to
save homeless and orphaned children to the issue of children's rights. As a result, Ms Jebb
drafted a document that affirmed the rights of children and the duty of the international
community to put children's rights in the forefront of planning. The draft document presented
five points to the League of Nations. Since the leagues primary goal as stated in Article 23 is
by being Subject to the provisions of existing or coming international conventions to make an
effort in order to secure and maintain fair and humane conditions of labor for men, women
and children, in fulfilling its goals for children in particular, the League of Nations on
September 26, 1924 ratified Ms. Jebb's five point document as the First Declaration of the
Rights of the Child or the Declaration of Geneva as it came to be known. This First
Declaration on the Rights of the Child contained five basic principles (Oladiji, 2012:17-18).
Recognizing that mankind owes to the child the best that it has to give, the five simple
principles of the Declaration indicated the ground of child rights in terms of both protection
13
of the weak and vulnerable and promotion of the child's growth. The Declaration also
indicated as the care and protection of children was no longer the sole duty of families or
communities or even individual countries rather as it is the whole world legitimate interest
(Bhakhry, 2006:17). Accordingly, under its five principles it conferred upon men and women
of all nations the following obligations: child must be given both material and spiritual means
required for its normal development; child that is hungry should be fed; the child that is sick
should be helped; delinquent child should be reclaimed; and the orphan and the homeless
child should be sheltered; child must be the first to receive relief in times of distress; child
must be protected against every form of exploitation and child must be brought up in the
consciousness that its talents are to be used in the services of its fellow men (Declaration of
the Rights of the Child, 1924:1). Generally, among other things the Declaration indicated as
the child must be given the means required for its normal material and spiritual development
and must be protected against any form of exploitation (Hodgson, 2009:4).Thus, though the
Declaration of Geneva did not point out any distinction between categories of rights, first and
foremost its main tenet was to protect the child from different kinds of exploitation and
emphasize the importance of the child's social, economic and psychological needs
(Thelander,2009:16). However, first, the 1924 Declaration of Geneva only alleged to be a
declaration of a set of moral duties i.e. did not entail the supposition of legal obligations by
States and it was left to each League Member State to take proper action within its resources
and particular circumstances (Hodgson, 2009:5). Thus, the Declaration was brief and only
inspirational for it called member states to be guided by its principles without any legal
obligation (Oladiji, 2012:17). Second, the 1924 Declaration of Geneva entailed more of the
duties of men and women of all nations, rather than the rights of children, regarding children
more as beneficiaries of child welfare than as subjects of law (Todres, 2014:267-268). In
confirming this, a cursory look at the fourth and fifth principle of the Declaration i.e. The
child must be put in a position to earn a livelihood, and must be protected against
every form of exploitation; and fifth- The child must be brought up in the consciousness
that its talents must be devoted to the service of fellow men’s suggested as capacity of the
child was not particularly taken into account (Oladiji, 2012:17). Despite these shortcomings,
in history it remains the first international Human Rights document that specifically deal

14
 with children's rights (Cicculli, 2011/2012:15). Thus, under international treaty law
protection of children's rights trace back to the first Declaration of the Rights of the Child
adopted by the League of Nations in 1924, which was a brief document consisting of only
five principles by which member were called to be guided in the work of child welfare
(Ruppel, ND:55)

2.4 THE UNITED NATIONS AND CHILD RIGHTS PROTECTION

As a result of the League of Nations in ability to avert another world war the II World War
has surrounded the whole planet and caused great suffering for non-combatants, particularly
children. Then in 1945 United Nation ( U N ) handed over the League of Nations and enacted
1959 Declaration of the Rights of the Child (D R C ) on November 20 at the international level.
However, before the enactment of the 1959 DRC in 1948 United Nation General Assembly
(UNGA) enacted Universal Declaration of Human Rights UDHR (Bhakhry, 2006:18 & 22). As
stated in its preamble the Universal Declaration of Human Rights (UDHR) is a Common
standard of achievement for all peoples and all nations. The Declaration further states that,
All Human beings are born free and equal in dignity and rights. They are endowed with reason
and conscience and should act towards one another in a spirit of brotherhood. Thus, since it
proclaims the inherent dignity and equal and inalienable rights of all human beings as the
foundation of freedom, justice and peace in the World it embodies more measures to protect
the children, throughout a common standard of achievement for all people and all nations .i.e.
naturally the standard set forth includes children (UDHR, 1948: preamble). Though all of the
provisions of Universal Declaration of Human Rights( UDHR) address children implicitly,
only two of them explicitly address children. First, Article 25 states that Motherhood and
childhood are entitled to special care and assistance, and adds that All children, whether born
in or out of wedlock, shall enjoy the same social protection, Second, in Article 26, which deals
with the right to education, provision is made to ensure that Parents have a prior right to
choose the kind of education that shall be given to their children's (Ibid, 1948: Article25 & 26).
Thus, when the UDHR was ratified, it was understood as children's rights had been taken care
of on the whole. However, first, Universal Declaration of Human Rights (UDHR) does not
clearly show the idea of children as holders of rights but it solely captures attention to their
need for special protection (Ofodile, 2010:5-6). Second, even after its ratification children
15
had less power in society and across the globe they were left more disempowered and
victimized by human rights violations than the citizen (Oladiji, 2012:20).Thus, the Universal
Declaration of Human Rights( UDHR) was not found to be fully ample to deal with the
situation of children in the post-Second World War era. Children were accepted as a
particularly vulnerable group, who needed specific measures towards their protection or in
terms of providing rights that would permit their full and healthy development. It was in this
background that the United Nation General Assembly (UNGA) ratified the 1959 Declaration of
the Rights of the Child DRC (Bhakhry, 2006:22). In 1959, DRC ratified unanimously by all
78 Member States of the UNGA in Resolution 1386 (XIV) (Cicculli, 2001/2012:16). In line
with its assertion that child due to his physical and mental immaturity needs special safeguards
and care, including appropriate legal protection before as well as after birth the UNGA
enacted standard of ten principles for the protection of children based upon the 1924 DRC
(Walsh, 2011:223-225). Accordingly, one of the key principles of the DRC is that special
protection against all forms of neglect, cruelty and exploitation in order to enhance the
child's physical, mental and social development. In addition to this, right to equality without
discrimination on the ground of race, religion or national origin, the right to name,
nationality, adequate nutrition, housing ,medical services, special education and treatment
when a child is physically or mentally handicapped, the right to understanding and love
by parents and society, recreational activities and free education, be among the first to
receive relief in all circumstances and brought up in a spirit of understanding, tolerance,
friendship among peoples, and universal brotherhood are also the rest principles of the
Declaration of the Rights of the Child( DRC, 1959:1). Thus, the 1959 DRC proclaimed
numerous rights to children based on the assertion that humanity owed to children the best it
could offer them. Moreover, the source of the principle of best interest of a child is this
Declaration (Omondi, 2014:52). In addition, the ratification of Declaration of the Rights of the
Child ( DRC) by United National General Assembly (UNGA) was indeed a very vital step
towards the international respect of the right of the child because as Cicculli indicated the
1959 DRC specifically calls upon voluntary organizations and local authorities to struggle for
the observance of children rights (Cicculli, 2001/2012:16). Second, it is a serious attempt to
provide the detail of what constitutes children’s overriding claims and entitlements. Third,

16
unlike the 1924 Declaration of the Rights of the Child(DRC) for the first time, the it -
character of the child removed from the language used and was replaced by he and his i.e. as
compared to the wording of 1924, the child was now clearly accepted as a subject of law with
specific rights (Oladiji, 2012:21). Finally, Principle 5 of the 1959 Declaration bring into fore
the concept of affirmative action for the handicapped child. And also principle 9 added a
general proscription on all forms of neglect, cruelty and traffic, as well as calling for a
minimum age for employment and a prohibition on any employment which would jeopardize
the child’s health, development or education (Hodgson, 2009:6). The 1959 Declaration
marked the move towards making children more visible as a population (Hayes, ND: 16).
Thus, the Declaration is considered as landmark in providing a basis for a rights-based
protection of children (Munyao, 2010:79). Beyond this, the wide acceptance in 1959 of the
rights recognized in the Declarations marked a considerable step towards their legal
recognition in the Convention on the Rights of the Child ( CRC) of 1989 after 30
years (Hodgson, 2009:7). However, first, the simple the intent statement of the Declaration
let it to have limited direct impact for it has no legal force that binds (Omondi, 2014:52).Thus,
states were supposed to take only note of the principles stated therein for they were universally
recognized as being applicable to all children. This led to a general tendency by many nations
to remain silent about the inexcusable conditions being suffered by large numbers of
children (Oladiji, 2012:20-21). Second, the Declaration did not have any recognition to the
autonomy or wishes and feelings of children, nor any approval to their empowerment for it
considers them as pure investment (Bhakhry, 2006:22).Generally, the 1959 Declaration of 1959
fundamentally reaffirmed and expanded the provisions of the 1924 Declaration and realized the
provision of UDHR to children in a more specific manner. However, to give legal force to the
provisions of the UDHR the UN again ratified twine International covenants on Human Rights
in 1966, namely International Covenant on Civil and Political rights (ICCPR) and the
International Covenant on Economic, Social and Cultural Rights (ICESCR) (Hodgson, 2009:6).
Accordingly, the International Covenant on Civil and Political rights (ICCPR) and International
Covenant on Economic, Social and Cultural Rights (ICESCR) implicitly address the rights of
children in there several provisions. International Covenant on Civil and Political rights
(ICCPR) under its several provisions refers those terms like juvenile, children or Child.

17
However, Article 24 is the most comprehensive provision that talks about the rights of
children. Article 24 (1) indicates that irrespective of any ground like race, color, sex, language,
religion, national or social origin, property or birth whether as every child shall have the
right to the necessary measures of protection due to his/her status of minor. Article 24 (2
&3) also indicates as every child shall be registered right away after birth and shall have a
name as well as nationality (ICCPR, 1966: Article 24). Similarly, International Covenant on
Economic, Social and Cultural Rights (ICESCR) under Article 10, 12 and 13 talks about the
rights of children explicitly. The most comprehensive provision i.e. Article 10(3) suggests that
without any discrimination on the basis of parentage and other conditions special measures of
protection and assistance should be taken on behalf of children and young people. Moreover,
they have to be protected from economic and social exploitation. Therefore, their employment
in those works harmful to their moral, health and normal development should be accountable
before the law. It also suggests that states should set minimum age below which the paid labor
employment of child is punishable by the law. Thus children and young persons are to be
protected from economic and social exploitation (ICESCR, 1966: Article 10(3). In general,
those 1966 twin Covenants that has gave legal force to the provision of 1948 UDHR as well
as 1959 DRC and also that are being used to children implicitly or explicitly is considered as
vital development in international legal protection of children (Hodgson,2009:8). Though
children are endowed to the protection of these international human rights instrument their
rights have got formal and explicit acknowledgment recently due to the ratification of CRC in
1989 (Harvey, ND: 11-12).Thus, with the ratification of CRC in 1989 new era in the history of
children's rights has begun (Lenzer, ND: 215).

2.5 THE CONVENTION ON THE RIGHTS OF THE CHILD (CRC)

The Convention on the Rights of the Child ( CRC) was the nomination of 1979 by UN as the
International Year of the Child (Hayes, 2002: 16). Accordingly, the possibility of Convention
on the Rights of the Child ( CRC) was first elevated by the government of Poland in 1978 when
United Nation UN member states designed activities and agendas that would take place during
the International Year of the Child in 1979 (Blanch field, 2013:2).Then during the
International Year of the Child, the UN Commission on Human Rights taken in to account the
Polish proposal and organized a Working Group to review and create a final outline. The
18
Working Group submitted the final draft text to the Commission on Human Rights, and
th
on 20 November, thirty years to the day after the endorsement of the 1959 Declaration, the
UN General Assembly ratified the Convention on the Rights of the Child ( CRC) and come
into force on September 2. The CRC is complete announcement of child rights ever made
i.e. It is the first UN Human Rights instrument since the Universal Declaration of Human
Rights (UDHR) which brings together as inseparable the full range of civil and political rights,
and economic, social and cultural rights. Moreover, as stated in the preamble the Convention
asserts the fact that children due to their vulnerability need special care and protection and it
also adds as families, states independently or in cooperation are responsible for caring and
protecting children. Thus, the Convention is a set of international standards and measures
intended to protect and promote the wellbeing of children in society. (Barnardos, 2008:2).
Moreover, the Convention clearly declared the rights of children to the participation in
decisions affecting their own destiny; to the protection against discrimination and all form of
neglect and exploitation; the prevention of harm and the provision of assistance for their basic
needs (Gajurel, 2007:14).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, 2013:22-23). The Convention on the Rights of the Child ( CRC) outlines
not only the rights of children to be protected but as Walsh indicated it also outlines the
specific obligations of signatory states in protecting the civil, political, economic and social
rights of children ( Walsh, 2011:225).Moreover, for the Convention to be more than only
rhetoric, its implementation by the States Parties must have to be monitored (Hayes, 2002:
24).Thus, in addition to their obligation to implement the substantive provisions of the CRC
via taking measures, each State party is under an obligation to submit regular reports to the
Committee on the rights of child (Oladiji, 2012:27).Accordingly, today the Convention on the
Rights of the Child (CRC) is the most internationally accepted human rights treaty in history,
forging an age of rights for children (Todres, 2014:267-268). In general, the Convention
declares as children's rights must be promoted as well as protected and also places the
responsibility for this with parents and states (Hayes, 2002: 22). Thus, although the 1959
declaration can be consider as a landmark in providing a basis for a rights- based protection of
children (Munyao, 2010:79), for the first time they viewed as a right holder and not as an

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object of adult concern under the CRC, and also States became responsible of modifying
national legislation in order to protect and defend child right under the Convention on the
Rights of the Child CRC (Cicculli, 2001/2012:19)

CHAPTER-3:
RESEARCH METHODOLOGY
3.1 DESCRIPTION OF THE STUDY AREA
Samara (Afar: Samara; Amharic: ሰመራ) is the capital of Afar Region, Ethiopia. It is a town on
the Awash–Assab highway in north-east Ethiopia, having been planned and built to replace
Asaita. Located in Administrative Zone 1, Semara has a latitude and longitude of 11°47′32″N
41°0′31″E. One of the completed buildings is Semera Universit in this samara city administration

20
of population 10000 and elevation 432m . Logiya in the region of Afar Region is located in Ethiopia -
some 241 mi or ( 388 km ) North-East of Addis Ababa , the country's capital city. Time in Logiya is The
local timezone is named " Africa/Addis Ababa " with a UTC offset of 3 hours. Depending on your budget,
these more prominent places might be interesting for you: Sanaa, Tadjoura, Djibouti, Dikhil, and Ali
Sabih. Being here already, consider visiting Sanaa . Check out our recomendations for Logiya ? We have
collected some references on our attractions page.awash RiverThe Logiya is a river of east-central
Ethiopia. Having its source in the Ethiopian highlands, this stream flows eastwards to become a tributary
of the Awash River near.

3.2 RESEARCH DESIGN

The research utilized both qualitative and quantitative approached, this is mainly while analyzing
and interpreting the data that has been collected. Because the nature of the study will be both
descriptive and analytical and the research requires qualitative method will use to describe the
primary data collecte through interview and quantitative method use the measurement such as
tabulation, percentage and numerical related source

3.3 SAMPLING TECHNIQUES AND SAMPLING SIZE PROCEDURE

The researc will be collected the data through purposive sampling techniques using interview,
questionnaire and focus group discussion in order to get intended information about status of
Child rights protection in Samara town. For this purpose the research will be selects 20
respondents from official in Ethiopia Human Rights Commission Samara branch for
questionnaires and interviews. The sampling size of this study will be 20 respondents. Over the
respondents that mentions 15 respondents will be select for Questioner and also Interview will be
providing for 5 respondents of the official in Ethiopia Human Rights Commission Samara
branch

3.4 DATA COLLECTION TOOLS.

THE RESEARCHER WILL BE USE MULTIPLEE DATA COLLECTION TOOLS TO COLLECT THE RELEVANT
DATA FOR THE STUDY.

21
Questioner: In this study, the questionnaire will be dispatched for 15 respondents of official in
Ethiopia Human Rights Commission Samara branch. It Will be include both close and open
ended structure of questions.

Interview: in this study. The interview will be providing for 5 respondents of official in
Ethiopia Human Rights Commission Samara branch.

3.4 SOURCES AND DATA TYPES

The research will be both primary source and secondary source of data.

The primary source of data will be gathere through questionnaires which will use for research to
collect data by distributing open and closes ended question for select respondents and interviews

which are use to make respondents by research will be want to ask under the study area. The
secondary source of data will be collect from various written materials like books, magazine,
historical documents and internet sources.

3.5 METHOD OF DATA ANALYSIS

The data collecte will be organiz and analyze in the table's forms by both qualitative and
quantitative data analyze based on the research reaches on conclusion and recommendation on
the issue of Child right protection in the case Samara town.

3.6 ETHICAL CONSIDERATION

While conducting this study some major ethical issue were use: informed consent confidentiality
and honesty. To begin with informed consent was fevered since if enables informants to decide a
conscious and deliberate idea of their own where to participates or not. Similarly, it has the
potential to informants the objectives of the study and a result of the study is good for the
Ethiopia human rights commission in Samara branch or only volunters participate.

The second ethical issue will use confidentiality that no-one is individually identical in any way
or finding discussed aggregate.

22
Lastly, complete honesty will be impartment ethical issue chosen by honest, we meant our
commitment to present every relevant data collecting with preference, moreover, we kept
promise fairly dealt with informants without falsifying and assuming false identify while
working them.

CONCLUSION
The nation of protecting the rights of children has got birth and successive development till the
19th century. However, the landmark is the ratification of the 1989 CRC that gave further
impetus to the development of the nation among states of the world. even though the status of
child rights protection in the town is medium and shown as gradual change there are some
factors which affect the realization of effective child rights protection such as lack of awareness
23
of the society on the child rights protection, lack of education, poverty, harmful traditional
practice.

In addition to the above mentioned factors, the prevalence of the gap between constitution and
practically implementation of child rights protection is also another factors and creating
awareness for the society about child rights protection opening of human rights commission in
the town, and other are the possible solution to fill the gap.

finally, it is possible to conclude that even though child rights protection in mekelle town is
medium and shown a little progress still it is intent stage due to the prevalence of the above
mentioned factors such as harmful traditional practice, poverty, conflict, lack of education and
lack of awareness of the society on the child rights protection in the town.

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