Title: International human rights treaties and domestic laws: a constitutional perspective

Authors: Alemayehu Yismaw Demamu

Addresses: University of Gondar, Gondar, Ethiopia

Abstract: This article scrutinises the relationship between human rights treaties and domestic laws within the context of the Federal Democratic Republic of Ethiopia (FDRE) Constitution. The article employs an analytical research method. It uses primary data such as constitutions and other domestic laws. It also uses secondary data, including treaties, books, journal articles, and case judgments. Accordingly, the article finds that the FDRE Constitution guarantees the Executive Organ and the House of People Representatives to make and ratify human rights treaties respectively. The article also determines that the FDRE Constitution adopts a monist approach to human rights treaties. The article also concludes that human rights treaties are subordinate to the FDRE Constitution but prevail over proclamations and other domestic laws. Moreover, the article establishes human rights treaties are applicable in domestic courts. Finally, the article affirms that the relationship between human rights treaties and domestic laws is congruent.

Keywords: FDRE Constitution; human rights treaties; monist approach; self-executing.

DOI: 10.1504/IJHRCS.2024.139659

International Journal of Human Rights and Constitutional Studies, 2024 Vol.11 No.3, pp.305 - 321

Received: 07 Apr 2023
Accepted: 14 Apr 2023
Published online: 05 Jul 2024 *

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