Date of publication:

08/21/2025

Ethiopia

Do domestic laws and policies take into account the right to family life, the principle of family unity, and the best interests of the child in proceedings that may result in the expulsion or deportation of an individual? 

ANALYSIS

Assessment by population

Refugees
Asylum-seekers
Analysis

Domestic laws and policies in Ethiopia, particularly the Refugees Proclamation and the FDRE Constitution, are designed to ensure that proceedings leading to the expulsion of refugees respect the principles of respect for family unity, family reunification, and the best interests of the child. 

The Refugees Proclamation explicitly states that both the Refugee Status Determination (RSD) process conducted by the Refugee Recognition and Status (RRS) and the appeal process by the Appeal Hearing Council must take into primary consideration the best interests of the child. This applies when examining and deciding on the application of a minor for refugee status.

Article 36(2) of the FDRE Constitution reinforces this principle, stating that in all actions concerning children undertaken by various institutions, the primary consideration shall be the best interests of the child.

The Refugees Proclamation, under Article 8(4), specifies that decisions to cancel or revoke refugee status by the RRS apply to family members of the person with respect to whom the decision has been made. However, it also provides a safeguard by stating that the family member affected by the decision has the right to submit an individual application for refugee status. By allowing family members to submit individual applications, the Proclamation acknowledges the importance of family unity and the right of each family member to seek refugee status independently.

The legal framework in Ethiopia emphasizes the protection of family unity, family reunification, and the best interests of the child in the context of proceedings which may result the expulsion of the refugee. The provisions outlined in the Refugees Proclamation, combined with the constitutional principle regarding children's best interests, suggest a commitment to safeguarding the rights and well-being of refugees, particularly minors and their families.

    LAW & POLICY

    Related provisions of domestic law or policy

    Constitution of Federal Democratic Republic of Ethiopia (FDRE)
    • Year: 1995
    • Type: Domestic law
    • Rights Category: Asylum, Education, Freedom of movement, Health, Housing, land & property, Liberty & security of person, Nationality & facilitated naturalization, Social protection, Work & Workplace rights, Family life, Documentation
    • Link to external source: https://www.refworld.org/legal/legislation/natlegbod/1995/en/18206

    Legal provision

    Article 36 - Rights of children

    1. Every child has the right: (A) To life; (B) To a name and nationality; (C) To know and be cared for by his or her parents or 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) To be free of corporal punishment or cruel and inhumane treatment in schools and other institutions responsible for the care of children. 2. In all actions concerning children undertaken by public and private welfare institutions, courts of law, administrative authorities or legislative bodies, the primary consideration shall be the best interests of the child. 3. Juvenile offenders admitted to corrective or rehabilitative institutions, and juveniles who become wards of the State or who are placed in public or private orphanages, shall be kept separately from adults. 4. Children born out of wedlock shall have the same rights as children born of wedlock. 5. The State shall accord special protection to orphans and shall encourage the establishment of institutions which ensure and promote their adoption and advance their welfare, and education.

    Refugees Proclamation No.1110/2019

    Legal provision

    Article 16(2)(e) - Decision by the Agency

    In deciding asylum applications, the Agency shall take into primary consideration the best interests of the child when examining and making decision on the application of a minor for refugee status.

    Article 18(2)(c) - Members of the Council

    In the exercise of its function, the Council shall: take into primary consideration the best interests of the child when reviewing the appeal petition of minors.

    Article 8(4) - Cancellation and Revocation of refugee status

    The decision to cancel or revoke refugee status by the Agency shall also apply to family members of the person with respect to whom the decision has been made; provided, however, that the family member affected by the decision has a right to submit his individual application for refugee status in accordance with this Proclamation