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Gender based violence is itself a manifestation of Human's right violation of discrimination based on sex. Accordingly, several human rights instruments, declarations, and pronouncements such as UNDHR, ICCPR, ICESCR, and other regional human rights instruments were adopted to give protection of human rights and to provide special protection for women and girls. Then, the CEDAW convention was also adopted. In order to better protect the rights of women, Ethiopia has undertaken significant ‘gender-sensitive’ legislative reforms in the last decade.
The Constitution of the Federal Democratic Republic of Ethiopia (FDRE Constitution, 1995), contains a number of rights which have direct relevance to the right of women to be protected. Specific rights of women in article 35, inter alias, include equal protection of the law, equality in marital affairs, entitlement to affirmative measures, protection from harmful traditional practices, maternity rights in employment, the right to consultation, property rights, employment rights, and access to family planning information, etc. Moreover, the constitution has recognized the fundamental rights directly related to the right to protection of the security of persons and the prohibition against inhuman treatment.
Subsequent to the FDRE Constitution, other more specific and gender-sensitive laws were issued in the country. Some of these improvements are those rules that require respect, support, assistance, and fidelity between spouses, and one that mandates joint management of the family protected under Revised Family Law, 2000: articles 49, 50, and 56. The criminal law also addresses violence against women in different forms: by introducing new offences, by redefining the elements of these offences, by adding aggravating circumstances, and by revising the penalties applicable in cases of violation. Accordingly, the code criminalizes most forms of violence against women and girls, including rape.
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BY Yanchi Movement AA
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