Date of publication:
03/24/2025
Ethiopia
Do domestic laws and policies prioritize access to national social care services for unaccompanied and separated children, victims of trafficking in persons, survivors of gender-based violence, or other groups with specific needs and vulnerabilities?
Assessment by population
Analysis
The Refugees Proclamation devotes separate provision for the protection of persons with specific needs such as children, women, and persons with disability by making cross-reference to other laws. The Refugee Proclamation, under article 38 (1), states that refugee women shall enjoy the rights and protections enshrined under relevant laws and specific measures would be taken to protect them from gender-based violence. Furthermore, article 38 (2) states that refugee children shall enjoy rights and protections enshrined under relevant laws and specific measures would be taken to protect them from abuse, neglect, exploitation, and trafficking. In addition, article 38 (3) covers the provision of special protection and assistance to other refugees with specific needs that commensurate with their needs.
The FDRE Constitution affirms the rights of all persons, including men and women and recognizes the specific needs of children and guarantees their right to protection. Specifically, article 35 of the Constitution prohibits all forms of discrimination against women and discrimination based upon marital status and social origin. Further, article 36, affirms the rights of children to live a life protected from violence, neglect, exploitation, and abuse. In particular, it upholds the right of children to life and bans exploitative practices against children and their engagement in work which could be prejudicial to their health and well-being.
The Criminal Code contains extensive provisions concerning the protection of women and children from violence in line with the above constitutional principles that are equally applicable to refugees. It prohibits different forms of Harmful Traditional Practices (HTPs); early marriage; rape and sexual outrages; trafficking in women and children physical violence within marriage or in an irregular union etc. In addition, the Revised Family Code contains provisions which protect refugee women from early and forced marriage. It is of particular importance to preventing and eliminating the incidence of child marriage among refugee girls.
Refugee children are included in the National Strategy and Action Plan on Violence Against Women and Children (VAWC), 2021-2026. Moreover, the One Stop Centre (OSC) Standard Operating Procedures (SOPs), that is introduced in 2022, have included refugees and asylum-seekers as equal beneficiaries of services provided in the Centers. The OSCs provide holistic response service to GBV survivors, including health, psychosocial, legal and safety and security. In addition, MoWSA introduced the Child Protection National Case Management Framework, in 2019 that also benefits refugees.
Refugees and asylum-seekers are also equally accessing shelter services provided by the Network of Women Shelters across the country. The National Standard Operating Procedures for Shelter Services to Women and Girls Survivors of Violence in Ethiopia, introduced in 2020, clearly identify female refugees and asylum seekers as equal beneficiaries of these shelter services. The shelters provide longer term shelter services for GBV survivors who need time apart from their prior residential area and possibly from their offenders in cases of cohabitation. Furthermore, based on available resources, shelters provide various services such as accommodation, counselling, health support, business skills training, family reunification, vocational skills training etc.
Moreover, refugee who are vulnerable or victims of trafficking in persons do have also access to appropriate support and protection services including rescue, return, rehabilitation, compensation, and witness protection pursuant to Articles 19 and 23-26 of the Proclamation to Provide for the Prevention and Suppression of Trafficking in Persons and the Smuggling of Persons, Proclamation 1178/2020.