Abstract:
The right to adequate standard of living is a right of survival. It is the fundamental right of everyone including refugees. It is an end by itself and a means for the actualization of other human rights.
It is enshrined as a basic right of every one in the UDHR, ICESCR, CEDAW, and CRC among others.
These human right instruments, ahead of proclaiming the right as every individual’s right, stressed the elimination of discrimination based on the prohibited grounds of discrimination. It follows that States parties are required to implement the obligation in these instruments to respect the right to all individuals including refugees. As a party to the aforementioned human right texts, Ethiopia has duty to ensure the realization of the right to everyone residing in its territory including refugees.
Unfortunately, despite the fact that the international human right instruments postulation of this right as the fundamental right of everyone including refugees, the FDRE constitution did not guarantee this right to non-nationals such as refugees. This is indeed contrary to the spirit of human dignity and non-discrimination as enshrined in the above instruments. In compliance with the constitution the refugee proclamation does not have a clear clause on refugees’ right to adequate standard of living. Adding to the worst, while it is clear that ratified human right treaties are part and parcel of the law of Ethiopia their hierarchical status remains controversial.
Following this national legal lacuna, despite the international recognition of the right as the basic right of refugees, the findings revealed that the implementation of the right is unsatisfactory and poor. Thus, the researcher recommended that the provisions of the FDRE constitution on socio-economic rights should be amended so as to be consistent with the international obligations which the country has entered into. Besides, legal recognition of a given right is the first step towards the genuine realization of that right. Likewise, necessary steps should be taken to boost the implementation of refugees’ right to adequate standard of living in Ethiopia in general and in the camp in particular.
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