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."
Table of Contents
1. Introduction
1.1. Background of the Study
1.2. Statement of the problem
1.3 Objective of the study
1.3.1 General objective
1.3.2 Specific objective
1.4 Research Questions
1.5 Methodology of the study
1.5.1 Research Method
1.5.2 Source of Data
1.5.3 Data Collection Techniques
1.5.4 Data Analysis and Interpretation
1.6 Significance of the study
1.7 Scope of the study
1.8 Limitations of the Study
1.9 Organization of the paper
2. The Right to Access to Justice and Principle of secularism: An overview
2.1. Part One: Access to Justice; Concept, Its Human Right Perspective and the Constitutional Concern
2.1.1. Access to Justice: Concept
2.1.2. Access to Justice: The Human Right Perspective
2.1.3. Access to Justice: the Ethiopian constitution/ A Constitutional Concern/
2.2 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
2.3. Part Two: Secularism: Conceptual Framework
2.3.1. Definition and Concept of Secularism
2.3.2. The History of Secularism
2.3.3. The Purpose of Secularism
2.3.4. Secularism and FDRE constitution
2.4. Part Three: Nexus between the Right to Access to Justice versus Principle of Secularism
2.4.2. Nexus between Secularism and Access to Justice: Principle/Doctrine/ Consideration
3. Case Description and Comment
3.1. Introduction
3.2. Part I: Comment and Analysis of Cases:
3.2.1. Background of the Case
3.2.2 Fact of the Case/causes of Action/
3.2.3. Lower Courts Holding
3.2.4. The Applicants Argument
3.2.5. The Respondents Argument
3.2.6. Basic Legal Issues under Question
3.2.7. The Supreme Court’s Interpretation of art 3(3) of Proclamation no-377/2003
3.3. Comment and Analysis of the case [1]: Regarding the Power of Federal Cassation Courts and the Principle of Stare-decisis in Ethiopia
3.4. 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.
3.5. Analysis on Case [2]
3.6. Part II: Interviews and Authorities Argument
4. CONCLUSION AND RECOMMENDATION
4.1. Conclusion
4.2. Recommendation
Research Objectives and Themes
This thesis examines the legal and practical challenges arising from the interaction between the right to access to justice and the principle of secularism, specifically concerning employees of religious organizations in Ethiopia. The research investigates how these two principles are balanced within the Ethiopian judicial system, focusing on court decisions that limit the legal protection of religious workers based on an "undefined" principle of secularism.
- Legal challenges regarding access to justice for employees of religious organizations.
- The interpretation and application of the principle of secularism in the Ethiopian judiciary.
- Comparison of Ethiopian court jurisprudence with international and foreign legal principles.
- Evaluation of the "hands-off approach" of the Federal Supreme Court Cassation Division.
- Proposed solutions, including the religious question doctrine and establishing formal religious courts.
Excerpt from the Book
2.4.2.1. Principles In Favor of Right to Access to Justice
Religious question doctrine is a well-known and commonly accepted notion about the principle of secularism which generally is that in the system of separated church and religion which secular courts do not decide religious questions. And from this premise, many things flow including the idea that courts could dismiss otherwise justiciable controversies when they would require deciding religious questions. The idea that the government and court in particular, should not take position on religious issues has a long history in many countries. Two centuries ago, James Madison derived that” the civil magistrate is a competent judge of religious truth.” A century earlier John Lock, had basically put the same thing. It may be good to draw a distinction between two kinds of religious questions.
First order religious question are theological and metaphysical questions whether a religious claim, such as the existence of God or the divinity of Christ is true or false.
Whereas, second order questions are questions that are temporal and empirical questions, sociological questions about the beliefs or structure of a religious group, psychological questions about the religious beliefs and motivations of individual believers and so on. For instance, teach about religion in a public school is second order proposition, while teaching religion is first order propositions.
Summary of Chapters
1. Introduction: This chapter provides the research background, defines the problem regarding limited access to justice for religious workers, and outlines the research objectives, methodology, and scope.
2. The Right to Access to Justice and Principle of secularism: An overview: This chapter explores the conceptual framework of access to justice as a human right and examines the history, definition, and constitutional context of secularism both internationally and in Ethiopia.
3. Case Description and Comment: This chapter presents a detailed analysis of court cases involving religious institutions, specifically critiquing the Federal Supreme Court Cassation Division's interpretation of labor proclamations and secularism.
4. CONCLUSION AND RECOMMENDATION: This chapter summarizes the research findings and suggests legal reforms, including a more nuanced judicial approach and legislative action to protect the rights of religious employees.
Keywords
Secularism, Employees of Religious Organization, Access to justice, FDRE Constitution, Labor Proclamation, Ministerial Exception, Church Autonomy Doctrine, Religious Question Doctrine, Judicial Independence, Human Rights, Labor Disputes, Legal Standing, Justiciability, Ethiopia, Employment Law.
Frequently Asked Questions
What is the core issue addressed in this thesis?
The work addresses the conflict between the fundamental right of access to justice for employees of religious organizations and the Ethiopian judicial interpretation of the principle of secularism, which often leads to the exclusion of these workers from labor law protections.
What are the primary thematic areas covered?
Key themes include the legal definition of access to justice, the ambiguous nature of secularism in the Ethiopian Constitution, the "hands-off" judicial approach toward religious institutions, and the comparison of Ethiopian jurisprudence with international standards like the "ministerial exception."
What is the primary objective of this study?
The study aims to examine how the right to access to justice for religious employees is currently balanced with secularism and to propose viable solutions for better legal protection in the Ethiopian system.
Which scientific methods were employed?
The research is primarily a case study that analyzes court decisions, supplemented by qualitative empirical data collected through semi-structured interviews with judges, lawyers, and church administrators.
What does the main body of the work focus on?
The main body focuses on analyzing specific court decisions, such as "Hamere Work St. Marry Church v. Deacon Mihret Birhan," and discusses theoretical approaches like the religious question doctrine and neutral principles of law.
Which keywords characterize this research?
Primary keywords include Secularism, Access to Justice, Religious Organization Employees, FDRE Constitution, Labor Proclamation, and Ministerial Exception.
How does the author view the "hands-off approach" of the Ethiopian courts?
The author argues that this approach, while intended to protect secularism, is often implemented without sufficient research into the nature of the claim, thereby unfairly depriving religious employees of their fundamental right to judicial remedy.
What specific solution does the thesis propose for the lack of legal recourse?
The author suggests that civil courts should adopt a "case-by-case" analysis—distinguishing between spiritual and secular aspects of a dispute—and recommends the formal establishment of independent religious courts to handle employment disputes within religious institutions.
- Arbeit zitieren
- Tewachew Alem (Autor:in), Kidanemariam Abate (Autor:in), 2017, The Right to Access to Justice of Religious Workers. Revisiting the Principle of Secularism, München, GRIN Verlag, https://www.grin.com/document/509424
