Emerging Trends in the Interpretation of the Constitutional Human Rights in Ethiopia: A case Study of the Council of Constitutional Inquiry’s Decisions and Recommendations

Abstract

This article delves into the fascinating realm of constitutional interpretation within the context of human rights in Ethiopia, focusing on the dynamic decisions rendered by the Council of Constitutional Inquiry (CCI). The emerging trends of the Council in interpreting human rights issues has been examined in this study taking eleven cases. These cases reveal a significant transformation in the Council’s approach, where it shifted from initially ruling against applicants to subsequently submitting recommendations to the House of Federation (HoF) in their favor. One key aspect of this transformation lays in the Council’s interpretation of the Constitution of the Federal Democratic Republic of Ethiopia (FDRE) in line with international human rights instruments. By citing these international human rights instruments, the Council has laid the groundwork for a more robust human rights framework in Ethiopia. The study adopts a doctrinal legal research approach that combines qualitative case analysis and comparative legal assessment. Through serious analysis, this article underscores the Council’s evolving role as a guardian of human rights in Ethiopia. While the Council had previously rejected numerous human rights cases, it has recently displayed a commendable commitment to the enforcement of human rights. This shift not only highlights the Council’s responsiveness but also reflects a broader positive trend in the protection and promotion of human rights within the Ethiopian constitutional landscape.