This thesis strives to look into the legal and practical challenges that basically arise from the interaction between the right to access to justice and the principle of secularism with particular reference to the employees of the religious organizations. This paper discusses access to justice, its conceptual framework and as a human right under Bill of Rights and its elements under FDRE Constitution. The conceptual notion of secularism and its nexus with the right to access to justice in light of the Case laws and internationally developed principles to regulate the relation of religious organizations with their employees, who provide spiritual function. This thesis is basically a case study type and therefore it depends on court decision or case laws. And we conduct an interview to substantiate the case analysis method and also use primary as well as secondary data sources and purposive and snow boll sampling technique. The general objective is to examine how the right to access to justice of employees of religious organizations are entertained in tandem with the principle of secularism.
The study attempt to answer the following question: Which legislation regulates the relationship of religious institutions with their workers? Does efficient dispute resolution mechanism is established within the religious institutions? Does the civil courts are legally competent to adjudicate disputes between the religious institutions and its employees? Do the decisions of Courts properly reconcile the right to access to justice and the principle of secularism? How the principle of secularism and the right to access to justice be applied in disputes that involve employees of religious organizations?
This right of access to justice enshrined under UDHR, ICCPR, ICESCR, as a right to get administrative tribunal or judicial remedy when their fundamental rights is violated or restricted. It is also recognized under the FDRE constitution as one of the fundamental rights and freedom in accordance with art 37, provided that "everyone has the right to bring a justifiable matter to, and to obtain a decision or judgment by a court of law or any other competent body with judicial power."
Inhaltsverzeichnis (Table of Contents)
- ACKNOWLEDGMENT
- ACRONYM
- Table of Contents
- ABSTRACT
- CHAPTER ONE
- Introduction
- Background of the Study
- Statement of the problem
- Objective of the study
- General objective
- Specific objective
- Research Questions
- Methodology of the study
- Research Method
- Source of Data
- Data Collection Techniques
- Data Analysis and Interpretation
- Significance of the study
- Scope of the study
- Limitations of the Study
- Organization of the paper
- CHAPTER TWO
- The Right to Access to Justice and Principle of secularism: An overview
- Part One: Access to Justice; Concept, Its Human Right Perspective and the Constitutional Concern
- Access to Justice: Concept
- Access to Justice: The Human Right Perspective
- Access to Justice: the Ethiopian constitution/A Constitutional Concern/
- The labor proclamation no. 377/2003 and the Federal Cassation Court Interpretation of Article 3(3) (b): Limiting the Right to Access to Justice of Religious Employees
- Part Two: Secularism: Conceptual Framework
- Definition and Concept of Secularism
- The History of Secularism
- The Purpose of Secularism
- Secularism and FDRE constitution
- Part Three: Nexus between the Right to Access to Justice versus Principle of Secularism
- Nexus between Secularism and Access to Justice: Principle/Doctrine/ Consideration
- CHAPTER THREE
- Case Description and Comment
- Introduction
- Part I: Comment and Analysis of Cases:
- Background of the Case
- Fact of the Case/causes of Action/
- Lower Courts Holding
- The Applicants Argument
- The Respondents Argument
- Basic Legal Issues under Question
- The Supreme Court's Interpretation of art 3(3) of Proclamation no-377/2003
- Comment and Analysis of the case [1]: Regarding the Power of Federal Cassation Courts and the Principle of Stare-decisis in Ethiopia
- Comment and Analysis of the Case [1] in Light of the Principles: The principle of Ministerial Exception, Principle of Civil Right, Church Autonomy doctrine, Neutral Principles of law, Religious Question/Motive/ doctrine, Gap-filling Role approaches
- Analysis on Case [2]
- Part II: Interviews and Authorities Argument
- CHAPTER FOUR
- CONCLUSION AND RECOMMENDATION
- Conclusion
- Recommendation
- BIBLIOGRAPHY
Zielsetzung und Themenschwerpunkte (Objectives and Key Themes)
This research paper examines the right to access to justice for religious workers in Ethiopia, with a focus on the principle of secularism and its implications for legal access. The study seeks to analyze the intersection of these legal principles, particularly in relation to the interpretation of the Ethiopian constitution and labor laws.
- The right to access to justice for all individuals, including religious workers
- The principle of secularism in Ethiopian law and its relationship to religious freedom
- The impact of the labor proclamation on the rights of religious employees
- The role of the Ethiopian judiciary in upholding the rights of religious workers
- The challenges and opportunities for promoting justice and equality for religious workers in Ethiopia
Zusammenfassung der Kapitel (Chapter Summaries)
Chapter one introduces the research problem, outlining the context of the study and its objectives. It also details the methodology employed, including research methods, data sources, and data analysis techniques.
Chapter two provides an overview of the concepts of access to justice and secularism. It explores the human rights perspective of access to justice and examines the relevant provisions in the Ethiopian constitution. This chapter also examines the labor proclamation and its interpretation by the Federal Cassation Court, particularly with regard to Article 3(3)(b) and its limitations on the right to access to justice for religious employees.
Chapter three delves into the analysis of specific cases, offering comments and interpretations. This chapter examines the power of federal cassation courts in Ethiopia, applying relevant legal principles such as the principle of ministerial exception, church autonomy doctrine, and neutral principles of law to the analysis. The chapter also includes interviews with legal authorities and other relevant individuals.
Chapter four presents the concluding remarks and recommendations based on the research findings. This chapter summarizes the key arguments and offers suggestions for improving the legal framework and ensuring greater access to justice for religious workers.
Schlüsselwörter (Keywords)
This work explores the right to access to justice, secularism, religious freedom, labor law, Ethiopian constitution, Federal Cassation Court, labor proclamation, church autonomy, judicial interpretation, and human rights.
- Quote paper
- Tewachew Alem (Author), Kidanemariam Abate (Author), 2017, The Right to Access to Justice of Religious Workers. Revisiting the Principle of Secularism, Munich, GRIN Verlag, https://www.grin.com/document/509424
