WALLAGA UNIVERSITY

SCHOOL OF LAW

A SENOIR ESSAY IN PARTIAL FULFILMENT

OFTHE REQUIEREMENT FOR LL.B. DEGREE IN
LAW

ASSESSMENT OF IMPACT OF DIVORCE ON THE RIGHT TO

EDUCATION OF CHILDREN: IN CASE OF NEKEMTE TOWN

PREPARED BY:

ADVISOR: TESFAYE TEMESGEN

NEKEMTE ,ETHIOPIA

JUNE , 2024 EC

CONFIRMED BY GROUP MEMBER SIGN, _______________DATE__________________

ADVISOR, TESFAYE TEMESGEN (LL.B,LLM) SIGN, _____________DATE_________

EXAMINER, SIGN____________ DATE ___________

i|Page
Acknowledgment

Before all We wish to thank almighty God for helping us to achieve all what we have achieved.

First and for most we would like to give thanks for ……

The completion of this thesis would not have been possible without the support of many people.

Next our special thanks go to our advisor, TESFAYE TEMESGEN (LLb,LLM ) for giving us
valuable comments, suggestions and correction.

ii | P a g e
Acronyms
ACRWC: African Convention on the Right and Welfare of the Child.

CRC: Convention on the Right to Child.

FDRE: Federal Democratic Republic of Ethiopia.

ICESCR: International Covenant on Economic, Social and Cultural right.

RFC: Revised Family Code.

UDHR: Universal Declaration of Human Right.

iii | P a g e
Abstract

The main objective of this study is to assess the Impact of divorce on the right to education of the
children in Nekemte Town. The negative impact of divorce on the right of children education in
terms of economic, social, psychological and emotional were investigated through parental
divorced children , the divorcee parent, court and the Wallaga University Free legal service
director interviewing. The target population (parental divorced children, divorcee parent, court
judges of Nekemte town) was selected purposively and snowballing sampling methods. To get
the relevant data for this study the data obtained from primary and secondary sources and
employed qualitative research method. Qualitative approach enables too deeply explore the topic
and present the finding from participant experience and their perception. The result showed as
the economic, social, psychological and emotional effect of divorce has the negative impact on
the children education. The economic impact of divorce are suffered children’s from unable to
satisfy basic needs, like adequate food, clothing and educational support, because some of the
children's unable to get alimony from non-custodial parent to cover basic expenses. The social
effect of divorce is includes decline of child-parent relationship, when children's received less
attention and emotional support from parents. The academic performance and schooling quality
also affected because of parental divorce. Parental divorced children suffered from different
psychological problems like depress, Unger, upset, frustration, loss of confidence, and generally
they were not happy and dissatisfied with both parents support and care, regardless of its wide
range occurrence. Divorce has not given attention by the nation and other concerned bodies.
Therefore the society should prevent the prevalence of divorce and ensuring its proper
adjustment though changing the social environment in connection to marriage stability.
CHAPTER ONE

1.1. Background of the Study

Family is fundamental social unit which should be given emphasis starting from its formation.
Family is to be built up on a sacred pillar of marriage. Marriage is a social institution that unites
two people in a mutual dependency for the purpose of maintaining a family. The Revised Family
Code of Ethiopia makes it clear that marriage concluded by the free and full consent of the
intending spouse interred through one of the three ways. That means civil, customary and
religious marriage of the spouse.1

Marriage is deep routed culture among the society. However norms and culture are not static
rather it changes with the changes of the global world and other conditions. The number of
marriage goes down in reverse becomes decline with flourishing of most western economies
with result in the flourishing of the role of the family.2

Divorce is much more complex than concluding marriage. Marriage is not life time agreement,
certain events or behaviors on the part of one or both spouses erodes the positive feeling toward
one or the other. Over the period of time one or both of the marital partners becomes convinced
that the relationship is intolerable or at list it is not working, as a solution the marriage becomes
end up.3

Societies have always values views on marriage and divorce. That they live in different parts of
the world and are influenced by the culture that one belongs to among others. As curly their
impacts on children’s of divorced family are exposed to for various problem and risk. Children’s
of divorcee are more like to be engaged inviolancy crime and other related anti-social and
criminal activities. The 'negative impact of divorce primarily weakens the relation of family and
children. And also there are many consequences of divorce on the right of children. 4 Those are
1
Astar Shibeshi, ‘Divorce and its Effect on the Children: Well-Being in Yeka sub City’ Jun,2015,p. 1
2
Ibid, p. 2
3
Wubedle Dereje, ‘The Cause and Psychological Impact of Divorce on the Women Right: The Case of
Ethiopian Women Lawyers Association’ November, 13, 2014, P. 2
4
Sercalem Bekele, ‘Divorce, Its Causes and Impact on the Divorced Woman and Their Children’ Jul
2006, Addis Ababa, P. 2.

1
recognized under different international, national, and domestic instruments. There are many
rights of children that are recognized under many international, national and regional instruments
that may affect by divorce of the parents. Studying or discussing impacts of divorce on all right
of the children are very vast and difficult. For this reason we need to study only the impacts of
divorce on the right to education of children.

In Nekemte town the divorce rate is increasing from time to time. The information that the
researcher found from the Wallaga university free legal service indicates that in 2015, the
amount of marriage that was divorced is 160, and the amount of divorced marriage in 2016, is
increasing to 210 Until this research was gathered.5

The right of education is one of the fundamental rights. Since it is the human right in itself and
indispensable means for the realizing the other right. The right to education has the vital role for
the economic, social, and the cultural development of all society. Education has also the vital
role in personality development. The right of education is one of the well-known protected right
under many international and regional documents. State parties to those international instruments
are obliged to incorporate this right under their domestic laws and policies. Ethiopia has also
ratified those international instruments and recognized the right to education of every one under
domestic laws, educational policy, strategy and programs.6

Education is one of the psychological or mind work of the person. The person who has the
psychological impact or psychologically affected of his mind does not follow the education
attentively. Divorce has a negative impact on the economy, social and the psychological affairs
of the children. The psychological, social and economic impact of the divorce has the direct
negative impact on the right of children education, because education is one of the psychological
and mental works of the mind of the person. The children who have psychologically,
economically and socially affected by divorce do not follow the education correctly, because the
attention of the children missed for the reason of their parental divorce. And the children may
drop out from school based on the problem of economy or lack of persons who take the
responsibility to follow up the education of the children, lack of parents to arrive at the school,
5
Interview with ......., leader of Nekemte town vital events office, (december, 2020)
6
Sercalem Bekele, ‘Divorce, Its Causes and Impact on the Divorced Woman and Their Children’ Jul
2006, Addis Ababa, P. 3.

2
and lack of parents follow the home work. 7 It is important to study impact of divorce on
education right of children mainly to create awareness about negative effect of divorce and to
show stakeholders about their respective homework regarding reduction of divorce rate.

1.2. Statement of the Problem

Increasing divorce rate may have a serious consequence on the right to education of children.
Divorce has negative impact on the right to education of children. Those impacts include social,
economic, and psychological impact on the right of education. Economic impact of divorce
facing those children’s are lack of enough food security, nonexistence of regular cares about
their health condition and educational support, because some of the children's unable to get
alimony from non-custodial parent to cover basic expenses. 8For this reason the children of the
divorcee parent may not have enough economy for education and loses the previous capacity of
academic performance and schooling quality also affected because of the social and
psychological effect of divorce like decline of child-parent relationship, then children's receive
less attention9 and emotional support from parents, depress, Unger, upset, frustration, loss of
confidence, and generally they were not happy and dissatisfied with both parents support and
care.10 They may also lose a person who takes the responsibility to follow up their education,
homework and lacks parents to arrive at the school. At the end sum of impact ends up on drop
out from the school and force them to join street children.11

To investigate the nature of the problem and the extent of impact on the educational right of the
children, the study of the consequence of divorce on the right of education may help to tackle the
effect of divorce on the right to children education.

1.3. Research Questions

In this study following main question of research will be raised;

 What is the impact of divorce on right to education of children?

8
<http:vc.bridgew.edu/honors project/ does parental divorce have effect on a children’s education>
accessed December, 2020.
9
Ibid.
10
Ibid.
11
<http://www.marripedia.org/ effect of divorce on children’s education> Accesero November 2019

3
In this study the following specific research questions will be raised.

1. What are divorce, nature, and modes of divorce?

2. What is the basic reason of divorce?
3. What are the legal guarantees for the right of children?

1.4. Objective of the study

1.4.1. General Objective

The general objective of this research is to assess the impacts of divorce on the right to education
of children in case of Nekemte town.

1.4.2. Specific Objectives

Specific objectives of the research are: like what is divorce, nature and modes of divorce.

1. To assess the basic reason of divorce.

2. To explore the legal guarantee for the right of education.

1.5. Scope of the Study

To make the work manageable, the scope of the study is limited to assessing the impact of
divorce on the right to education of children in Nekemte town. Divorce has many impacts on the
right of children. However, in this study it is not possible to address and discuss each and every
impacts of divorce on the right of children. Because of the limitation of the space, time, and
scope, the research will only deal about impact of divorce on the right to education of children.

1.6. Significance of the Study

This research is particularly important by suggesting policy and legal measures that may be taken
to harness the situation. It also opens up an opportunity for others to find out more possible
solutions to the problem and to conduct further comprehensive research on the area.

4
1.7. Research Methodology

1.7.1 Area of the Study

This research is conducted in Oromia region East Wallaga Zone, Nekemte Town and Wallaga
university free legal service centers.

1.7.3 Research Design and Methods of Data Collection

This study administers qualitative data gathering method. Different types of interview have been
employed to collect in depth information from the following focus group. Those key informants
of the research were Nekemte town court judges, Wallaga University Free Legal service Director
and divorced parents.

1.7.4 Source of Data

We construct study by using both primary and secondary source of data. Primary source includes
interview with the Director of Wallaga university free legal service centers and children whose
parents are divorced, divorced parents, judges, governmental policy documents, laws and
international instruments. Secondary source of data, on the other hand, inter alia includes book,
some legal documents of Wallaga university free legal service client profile regarding to divorce,
literature and internet sources instrumentation

1.7.5 Data Collection Techniques and Sampling Size

In this study the researcher used purposive sampling methods of data collection. Totally 10
participants from the following groups have been selected based on their exposure to divorce
cases either directly involving or indirectly experiencing the situation. In order to know problems
children’s experiencing, researcher can made structured interview in-depth with 3 children
whose parents are divorced. To understand basic reasons of divorce and how much they
committed to their responsibility after divorce, 4 divorced parents; to know impact of divorce on
academic performance of students, and in order to get reliable data about reasons of divorce and
legal guarantee provided for right to education of children’s whose parents are divorced, 3 judges
from Nekemte City Court.

5
1.7.6 Data Collection Procedure

To obtain reliable data, We conducted the interviews personally Around the Wallaga university
free legal service and read client profile document of Wallaga university free legal service that
are found in the compound of Nekemte Town Court. The structured interview questions were
initially prepared in English and then we translated it in to their mother language (Afan Oromo)
to make it easily understandable for the participants.

1.7.7 Data Analysis

As this research is a qualitative study, we used a descriptive analysis approach. Descriptive
research is used to describe characteristics of population, their attitude, their experience of a
particular situation and their reactions to the situation as well as the repercussions of the situation
unto their life. Besides, this descriptive analysis is corroborated by the percentage analysis on the
basis of specific responses of the respondents.

1.8 Limitation of the study

Undertaking the study was not an easy task; particularly reviewing different materials to get
information and interviewing the concerned body to get information for conducting research is
highly time consuming task and financial shortage for further interview in order to get
information is among the problems. In addition to this we have taking six courses for which we
have to attend the class, read and do an assignment, get prepared for mid-term and final exam.
Worst of all, shortage of time is among others.

1.9. Ethics of the study

In this study researcher used qualitative data gathering method as expressed above. Interview is
one of qualitative data collection method employed to obtain reliable data in depth.

Researcher have prepared to conduct full interview with group of persons needed to conduct the
study. It is easy to communicate with persons needed to interview with in their mother language
and researcher also know all social values of society. Researcher conducted Interview by full
and free consent of participants. In addition to it, researcher conducted interview in the time,
place and condition which is appropriate and more convenient to participants of interview.

6
Additionally, researcher conducted interview respecting human dignity, human and democratic
rights of interview participants and in line with moralities of society. All information gathered
through interview is highly kept confidential.

1.10. Organization of study

This study has four chapters. The first chapter is an introductory part which gives preclude to the
proposal. The second chapter deals with general concept of divorce, its nature, mode, cause and
effect, right to education, international and national laws gives protection to right to education
are analyzed and relation between divorce and the right to education are discussed. Specifically,
main focus of the study that means various impacts of divorce on right to education of children
in Nekemte Town court is the subject matter of chapter three. Finally, findings of the study are
presented in summary with recommendation under last chapter i.e. chapter four.

1.11 Review Literature

So far so many researches were conducted in the area of an assessment of impact of divorce on
the right to education in general and specifically on education right of the children. However,
almost all of researches focused on the general impact of divorce on the right of children and not
give more attention to education right of children. But as to our knowledge, they to provide little
attention to the right of children in general and the right of education of children in particular.
Education right is human right, because of that our researches basically focused on such
education right of children’s in case of divorce. Impact of divorce mostly affects the education
right of children, because of that the special attention should be given to education right of
children. Generally, even if our work is not new one study area, the researches believe that, this
study will try to fill some gaps in the existing understanding or knowledge and it at least address
the problem of less attention given to the right of children in general and Education right in
particular. It also broader understanding importance of the Education right of children in order to
alter legislation attention in case Education right of children.

7
CHAPTER TWO

AN OVERVIEW ON DIVORCE AND RIGHT TO EDUCATION OF CHILDREN

2.1. Introduction

Marriage is ideally a life mastership of a men and woman based up on mutual and continued
choice and affection. However the ideally is not always realized in practices. Marriage dissolves
and disintegrates for different reasons. The dissolution of marriage is the breakdown of the
conjugal union or bond and the cessation of the effect of the union. The spouse produced either
as regards them or as regards the third party. 12 Dissolution of marriage is not end for obligation
existed between parties to marriage rather there are couple of obligations follows them. One and
most important obligation is custody of their children. Custody obligation of parents must be in

12
Aschalew Ashagra and Marta Belete, Family law Teaching Material, 2009, P. 87.

8
line with international and national laws which entitle children’s with human and democratic
right. Most important human right every childes entitled is right to education. So this chapter
deals about the definition, nature and modes and also the effect of divorce, then right to
education of children’s under international and national laws analyzed and last point under this
chapter, divorce and its effects on right to education discussed.

2.2. Definition and Nature of Divorce

Ethiopia federal family code does not define divorce directly; however we infer the definition
from article 76, of RFC. Divorce is the legal termination of marriage by a court in a legal
proceeding on the petition or application for divorce by one or both of the parties or spouses.13

Divorce case unlike civil case does not have appeal. This means the decision of the court to
divorce is final. There is no need to appeal by one party. Because marriage is the free and full
consent of both spouse. If one of the party consider the marriage is not necessary to his or her,
she or he can made petition to the court and if the court accepted and give decision to divorce
this decision is final.14

2.3. Causes of divorce

2.3.1. Cohabitation before Marriage

Some individual select themselves in to cohabitation because it requires in their opinion loss
sexual fullness than in marriage or because cohabitation is valued as an alternative to the lifelong
commitment assumed by marriage. Cohabitation is either to get in to and either to get out of than
marriage. Marriage relation that may never have been valued as a lifelong commitment begging
with the conclusion of marriage, For instance couples who cohabit have somewhat loss positive
problem solving behaviors and are also lose supportive each partner on average than those who
have not cohabit before marriage. It cannot say that cohabitation necessary constraints a trial

13
The Revised Family Code of Ethiopia, Art 76, Procl. No. 213/2000, Fed. Neg. Gaz. (Extraordinary
issue), year 1, No. 1.
14
Available On line: www.divorce usu.edu.com, Accessed on 17 November 2018.

9
marriage because of the lower commitment and may not be ready for the required commitment
for this reason divorce may follow.15

2.3.2. Cultural Factors

Recently in some society divorce has lost it sigma and become more social acceptable
phenomena. This has made people to lose to attached to the institution of marriage and
consequence the consider divorce has an alternative to escape from mental abuse. However the
marital relationship unable to meet their personal needs and interests they feel to end the union
and find new relationship though marital breakup. In adaption copulas lose interest putting up
with marriage challenge and carrying the Scarifies it may require. Therefore, woman mostly
initiate marital dissolution to free themselves of dissatisfying and frustrating marital union. 16

2.3.3. Personal factors

Inter- personal Difficulty

Following marriage some individuals expect to have successful relationship by hastily or chance.
Such people expect too much out of the marriage without training sustain relationship by
showing an effect and by developing personal skill that use full for the marital growth. Those
people mostly disregarded their marriage depend on their effort to effectively communicate each
other and to manage their lives without any problem, they also do not pay attention that their
marriage needs there effort to work out both minor and major problems. In such instance they
feel to get what they expect from their marriage that takes the relationship energy, happiness and
wealth, hence failed to strengthen the marital bound will leads to marriage disintegration. 17

Infidelity

Most individual disrupt their marital union when they find out the extra marital affairs of the
partner. Usually marital relationship are affected by infidelity as a result of various factors such

15
Dr.Anne-marie amber, Divorce Fact ,Causes and Consequences(3rd,Edition, new york university,
200),P.15
16
Ibid, P.14.
17
Wubedle Dereje, ‘The Cause and Psychological Impact of Divorce on the Women Right: The Case of
Ethiopian Women Lawyers Association’ November, 13, 2014, P.17

10
abstraction ,excitement, boosting up, self-esteem and feeling neglected , boredom ,a desire to
find relief from the pain full relationship.18

Relationship Gap

A marital bound is weakened when the organs a change in the balance of power decision making
as consequence of the level of education and personal different. In the earning capacity there
condition force marital partners alter their roles and responsibility that intensify the marital
breakup between married couples.19

Remarriages

A person previously married but now divorced are concluded another marriage from another
man. This is the contribute to breakup marriage that mean all marriage had one or both partners
who had been previously divorced and this will over a their included to previously divorced
persons farther more resident step farther than families with a resident step mother.20

Low Commitment

In some case couples lack the obligation to stay married for life time and when they start to lose
interest and communicational the union relationship will be affected that leads to the dissolution
of marriage.21

Lack of Communication

In every marital relationship communication has a vital role and it is the back bone of the union.
Clear common indication avoids misunderstanding and conflict among the married couples. It
further strength the marital bond by developing affection and respects which vital to retain the
union by stopping the marriage filler when fails to have smooth communication their marriage
life is at the verge of dissolution.

18
Ibid
19
Ibid
20
Dr. Anne-Marie Ambern Supra Note 15 P.14
21
Ibid,P.15

11
2.4. Modes of Divorce

2.4.1 Divorce by Mutual Petition

The federal revised family code allows parties to seek for divorce by mutual consent.
Considering the freedom of the parties, it allows the spouse to petition for divorce by agreement.
However, it cannot be said that divorce even in case of mutual consent is automatic. Since the
state as the obligation safeguarding the family, the court is required to make some intervention.
The intervention of the court in mutual consent divorce is limited to counseling the spouses
separately to renounce their divorce. If on the other hand the party is not willing to renounce
their divorce, court may order cooling period not more than the three months.22

The divorce by mutual consent is not necessarily divorce without a cause. The spouses may have
and in many situations do have cause for separation. However under the mutual consent divorce
they are not required to submit their reason to the court. Divorce by mutual petition is not
available for everyone, like those spouses whose marriage has not lasted for six months may not
seek divorce by mutual consent. Fact is not to say that spouses concluded their marriage with in
six month is prohibited to seek divorce. Rather they may seek other alternative like, divorce by
petition.23

The power of the court in case of divorce by mutual consent is limited to counseling the spouses
either jointly or separately to renounce their wish to divorce. If they are not will to renounce their
intention the court will give the maximum period of three months as a cooling time to reconsider
their decision.24If they still wish to proceed with the divorce after the end of the cooling period.
They may reapply to the court to approval of their agreement .The court at the time of approving
their request has to make sure that the agreement to divorce is true expression of the intention
and free consent of the spouses as well as that the agreement is not contrary to law or morality. 25

22
Aschalew Ashagria and Marta Belete, Family Law Teaching Material, 2009, P. 87.
23
Ibid P. 88.
24
The Revised Family Code of Ethiopia, Art 78, Procl. No. 213/2000, Fed. Neg. Gaz. (Extraordinary
issue), year 1, No1.
78.
25
Ibid, Art, 79, and 80.

12
2.4.2 Divorce by Petition

The other way of ending the marriage union by divorce is when one of the parties requests the
court to end the marriage. In divorce by petition it may be one of the spouses who request for the
ending of the union or alternatively. Both the spouses may request the divorce. Here also the
spouses are given the discretion neither to state their reason for divorce or not. 26In case of
divorce by petition the court as an obligation to speak to the spouses either separately or jointly
with a view of convincing them to renounce their petition. If the spouses does not change their
mind to divorce the court may have refer to arbitrator, arbitration of family cases under
the civil code is compulsory.

However, arbitration the revised family code are optional that is to say the court is given the
discretion to refer the case for arbitration. However if the spouses do not agree to settle their
dispute through arbitration the court will dismiss the case by giving the cooling period of up to
three months.27Hence, as far as arbitration concerned the rule of the court will be advice the
parties to solve through arbitration. Where the reconciliation process either through the
arbitration or the cooling period fails the court is the duty bound to pronounce divorce with a
month for the receipt of arbitration or end of the cooling period. The other important thing which
needs to be accomplishing by the court prior to the pronouncement of divorce is to give a
temporary order on maintenance the spouses, custody and maintenance of children and also the
management of the common property. The temporary orders on those matters need to inter by the
court immediately after petition for divorce has been failed. The order also needs to consider as
to the manner of living of the spouses.28

One important issue which raised in relation to dissolution of marriage is the states of couples
who were married but have secede to live together for a long period of time but without securing
divorce from the court. Can we consider the marriage to be still intact? As discussed above one
of the case for the dissolution of marriage is to be pronounced only by the court. This mean when
the law allows various ways of marriage which take into account the custom and Religion of the
parties concerned. Such option is not open on divorce. What if one or both spouses have

26
Ibid, Art,81
27
Ibid, Art, 82/2, and/3.
28
Ibid, Art 82/6.

13
conceived another marriage thinking that the previous marriage is dissolved. Even if there is no
formal pronouncement of divorce by the court in this issue the cassation court stated that the
spouses have lived separately for long period of time will be the grouped to presume that the
marriage has be dissolved even if divorce is not pronounced by the court.29

2.5Effect of Divorce

2.5.1Child Custody

When a marriage is dissolved through divorce one of the questions which need to be answered
by the court is as to which should have custody those minor children. Currently is envisaged
under many laws is the principles of “best interest “ of the children in determining custody issue.
The principle of best interest incorporated in different international human right instrument.
Some of human right instrument is the convention on the right of children and also the African
charter on the right and welfare of the child. According to those instrument states, in all action
concerning children weather under taken by public or private or social welfare institution, court
of law, administrative authorities or legislative bodies the best interest of the child shall be a
primary consideration.30

Hence at the time of interpreting the principle of the best interest of the child resort should be
made to those the four principles that mean the principle of the non-discrimination, the right to
life, and maximum survival and development and respect for the view of the child. 31 From four
principle the last one; principle of development and respect for the view of the child is very
important principle at the time divorce court must take into consideration to realize right to
education of children again which is very important right provided under national and
international laws.

Children’s develop their mind and their view through education and creating conducive
environment for realization of right to education is achieved through taking into account of best
interest of child when deciding on issue of custody as guiding principle in line with international
laws. Because Article 29, of child convention stipulates that the education of the child should be
29
Aschalew Ashagria and Marta Belete, Family Law Teaching Material, 2009, P. 60.
30
African Charter on the Right and Welfare of Child, OAU, Doc, CBA/LFG/24.9/49 (1990) Art 4
31
Girmachew Alemu and Yonas Birmeta, Handbook on the Right of Child in Ethiopian College of Law
and Governance Studies, Addis Ababa University P. 42

14
directed towards the development of the child personality, talent and mental and physical
ability.32

The RFC of the federal democratic republic of Ethiopia deals about education. Under article 260
of the RFC reads as “the guardian shall ensure that the child be given general education or
professional training commensurate with his age and ability.” This article obliges parents or
guardians to ensure weather or not the minor under their custody gets education or professional
training that fit his age and ability generally the revised family code grant the right of education
of children by imposing obligation on the parent or guardians of the children or protect the right
of the children to education.33

2.6 The Right to Education of Children

Education is the fundamental human right and essential for the exercise of all other human right
and it promotes individual freedom and employment and yields important development
benefit.34Education is away development it contributes to personal improvement and individual
self-esteem. Education is both a human right in itself and essential means of realizing other
human right. It has vital role empowering women safeguarding children from exploiting and
hazardous lover and sexual exploitation, protecting environment, promoting human right and
democracy and also controlling unhealthy population growth.35

Education as an empowerment right and it is a fundamental way of which economically and

socially marginalized and children can pull themselves out of poverty and achieve the way to
participate fully in their communities. The international law classifies human rights into civil and
political rights in one side and economic, social and cultural right on the other side. Education
have its many features belongs to both groups of rights. These make it fundamental human
right.36

32
Hiwot Abebe, ‘The Right to Education of Children with Intellectual Disability And its Implementation’
( MA Thesis, Addis Ababa University, School of Law March 2011), p. 70
33
The Revised Family Code of Ethiopia, Art 260, Procl No 213/2000, Fed. Neg. Gaz. (Extraordinary
issue), year 1 No 1.
34
Hiwot Abebe, ‘The Right to Education of Children with Intellectual Disability and its Implementation’
(MA Thesis, Addis Ababa School Law, March 2011) P. 1
35
Ibid, P.15.
36
Ibid.

15
The primary beneficiaries of right to education are children. The realization of these rights
entails the participation of three organ state, parent and the children himself. Without the
collaboration of those three body it is not possible to achieve the benefit from education. For
instance, states are internationally obliged to fulfill at list the minimum core of the right to
education which are availability, accessibility, adaptability and acceptability of primary
education.37The right to education protected by many international, regional and domestic
instruments. It shall be discussed as follows.

2.7. The Right to Education under International and Regional Instruments

The global African, American and European human right system has all the recognized in treaty
from the educational right of children. Next selected international and regional instrument will be
discussed.

2.7.1 Convention on the Rights of the Child (CRC)

The principle human right mentioned in different international human right instrument frame
works apply both to children and Adults. However separate instrument like the convention on
the right of children bring together children is human right articulated in other articulated in
other international instrument the adoption of the convention has brought about significant
advances in the area of the children life and right. Some country used the invitation as the base
on which to adopt domestic legislation and improve protection standard for children. Or have
appointed official specifically working on child right protection.38

There are different provision that are concerned about the right to education article 23/3/, 32/1,
28 and article 29, article 23 of the CRC, is detailed provision that deals with and the necessary
protection to be provided with to children education. Article 28, is a general provision about the
right of child education. And it is about the organizational aspect of the child right to receive
education. It discusses about the duty of states to achieve in progressive manner to achieve free
and compulsory primary education; make secondary education available and other factors on the
basis of equal opportunity. In this case the CRC does not make any reference to pre-school

37
Ibid, P.16.
38
Hiwot Abebe, ‘The Right to Education of Children with Intellectual Disability And its Implementation’
( MA Thesis, Addis Ababa University, School of Law March 2011), P. 69

16
education. Article 29, stipulates that the education of the child should be directed towards the
development of the child personality, talent and mental and physical ability. 39

2.7.2 Universal Declaration of Human Rights (UDHR)

General to education was directly articulated for the first time in this declaration under article
26/1 it states that everyone has the right to education. Education shall be free at list in the
elementary fundamental stage. Elementary education shall be compulsory. Technical and
professional education shall be made general available and higher education shall be equally
accessible to all on the base of merit. According to article 26/2 of the same document the
obligation to avail free education to free children implies that each nation establish free public
education system in order to place education with the reach of the great majority of children.
And compulsory elementary education applies to base on the notion that every person has an
irrevocable entitlement to a period of education at public expenses. The declaration says free
elementary education but the term free must be interpreted as the delivery of elementary
education on itself would be free of charge but is not asserting that the other expenses of the
student such as transport, cost, book, school uniform would be covered. However, days if fails
short practices of many developed country were secondary and higher education are free. This is
difficult to most developing states to provide secondary and higher education of free to
everyone.40

2.7.3 International Covenant on Economic, Social and Cultural Rights (ICESCR)

The covenant is multilateral treaty adopted by the united nation general assembly on December
16, 1966, and coming into fourteen years later on January 3, 1996, some with international
covenant on civil and political right. It consists a preamble and 31 articles divided into five parts
it imposes legally binding obligation on those nation will ratify or accede to it woke towards the
guaranteeing of economic, social and cultural right to individual. Among those rights is
education right. This covenant recognized everyone has the right to education in addition it
provides that education shall be directed to human. Personality and the since of its dignity, in this

39
Ibid, P. 70
40
Ibid, P. 56.

17
covenant the primary education, has four element that should be satisfied or fulfill by the
member states. This are 1, availability 2,accessibility 3, acceptability 4,adaptability. 41

1, Availability, availability is the duty to provide compulsory and fee primary education is
undoubtedly a prerequisite for the realization of the right to education. The CESCR in its general
comment 11 on the article 14, of the ICESCR consider that states parties have a clear and
univocal obligation to draw up a plan of action for on insuring compulsory and free primary
education. The committee has stated that lack of educational opportunity for children often
reinforces their subjection various other human right violation.42

2, Accessibility; the state obligation relates to accessibility at the minimum government are
obligated to ensure the enjoyment of the right to education though guaranteeing asses to existing
educational institution by all the bases of availability and nondiscrimination.43

3; Acceptability; in this case the crucial and teaching methods has to be acceptability. Example;
It has to be relevant culturally appropriate and of good quality to students.44

4; Adaptability; this all about have education has to be adaptable and flexible so that it call
adapt to the need of changing societies, communities, and responded to the need of students with
in their divers and cultural settings.45

All the above element of education is common to education in all its form and at all levels. So
the right in the covenant includes the discrimination and emanating physical and economic
accessibility. According to article 13/2 (b); of the ICESCR member states have obligation to
make secondary education generally available and accessible and it recognized the educational
freedoms of parents to choose and established private educational institution for their children.
Under article 13/2(c) of the covenant, higher education shall be mead equally accessible to all on
the bases of capacity by every appropriate means and in particular by the progress introduction
of free education

41
Ibid, p. 58.
42
Medhanit Adamu and Sofanit Mekonen, Gender and the Law Teaching Material, 2009,P.90.
43
Ibid
44
Ibid, P. 91.
45
Ibid

18
2.7.4. African Charter on the Rights and Welfare of the Child (ACRWC)

The most compressive formulation of the right to education in regional African human right
instrument to be found the ACRWC. The charter impose absolute obligation on those African
state with ratify it. It further establishes the African committee of expert on the right and welfare
of the child an organ responsible for mentoring its implementation.

The charter in its preamble paragraph two everyone is entitled to all the right and freedom,
recognized their without any discrimination. This paragraph can be with cross reference to article
13 of the conversion will deals about non-discrimination on the enjoyment of the right and
freedom recognized in the charter. This means that the charter guaranties the right to education
with equity for all children.46

The charter under article 11/1; provides that every child has the right to education. In addition
under article 11/2; provides the promotion and development of child personally, talent, mental
and physical ability to their fullest potential and also sub 3 of the same article list down the
measures to be taken by member state for their full realization of this right such as providing free
and compulsory basic education, encouraging the development secondary education e.tc. So we
can say the member states of the charter have obligation to fulfill the obligation set under this
article immediately and those gives better protection for children.47

2.8. The Right to Education under Ethiopian Laws

The domestic law of Ethiopia recognized the right to education of the children and those laws are
the granted of the right of education of the children among those are constitution, revised family
code (RFC).

2.8.1 The FDRE Constitution

Constitution is the fundamental law of country reflecting the under living unifying values of the
society. It spells out the basic right of the person. It serves frame work other law and polices and
can only be changed updated though democratic processes

46
Hiwot Abebe, ‘The Right to Education of Children with Intellectual Disability And its Implementation’
( MA Thesis, Addis Ababa University, School of Law March 2011), P. 76.
47
Ibid, P, 78

19
In Ethiopia the federal constitution is supreme law of the land, and any law, customary practices
or decision of an organ of state or public official that contradicts with constitution will be
avoided automatically. Therefore all citizen organs of the government, political organization
etc... have the obligation to respect and obey the constitution. The third generation right happen
to be found in the constitutions that the right to education which is one of the socio economic
right even if it has also nature of civil and political right is recognized under the constitution.
Also there is no direct provision devoted rights to education; an indirect reference can be made. 48

According to article 36, of the constitution is deducted to the right of children. The same article
sub 1(b), reads as not to be subjective exploitive practice neither to be required nor permitted to
perform work which may be hazardous or harm to his or her education, health or wellbeing. This
provision indirectly protect the right of education by prohibiting any imposition of burden of
work on the child and also no permitting him or her to perform work that puts his or her
education at risk. Similarly the same article sub 1(e), of the same code also recognized the child
right to be free from corporeal punishment or cruel and in human treatment in the school.

Article 41 of the same law is composed of socio-economic right collectively. The same article of
sub 3, states that every Ethiopian national has the right to equal accesses to publically founded
social services. In this case education is one of the publically founded social services and also
sub 4, of the same obligates the states to allocate every increasing resource to provide health,
education and other social services to the public.49

Moreover article 9/4 of the constitution says that all international agreements ratified by Ethiopia
are an integral part of the law of the land. So that Ethiopia ratified international instrument after
passing certain procedure will become part of the law of the land. Accordingly ratified human
right instrument such as universal declaration of human right (UDHR), convention on right of
education (CRC), African convention on the right and welfare of the child and there are many
provision are made part of the law of the land.

48
FDRE Constitution Federal Negarit Gazetta, 1995, Art, 8.
49
Ibid, Art 36 and 41.

20
2.8.2 The Revised Family Code of Ethiopia (RFC)

The RFC of the federal democratic republic of Ethiopia deals about education. Under article 260
of the RFC reads as the guardian shall ensure that the child be given general education or
professional training commensurate with his age and ability. This article also obligation of
parents or guardians to ensure weather or not the minor under their custody gets education or
professional training that fit his age and ability generally the revised family code entitle the right
to education of children by imposing obligation on the parent or guardians of the children.50

2.9. Effects of Divorce on the Right to Education of Children

Divorce has a direct impact on the right of children education. As many writers indicated that
divorce has negative impact on the social, economic and psychological effect. Findings from
several researcher studies’ all agree that divorce affect all the children in the family at the same
time and in some degree. Some effect of divorce emerge rapidly following separation of the
parent of children and some of them take long time to back to normal situation and some other
still emerge later.51

Wubedle'' categorized the effect of divorce on the children into short and long term effect.
According to the author short term effect are includes:- anger, sadness, depression, opposition,
perceived parental loss, inter personal difficulty, economic hardship, life stress, loss parental
super vision, lower academic performance or achievement, lower self-concept e.tc. Generally he
says that the inter personal conflict of parents has power full and direct impact on the children
life and their education.52

Serkalem (2006) also says that divorce has a negative impact on the divorced parents and their
children; socially, economically and psychologically. Therefore parental divorced children are
greatly affected with the effect of divorce in socially, culturally, economically, psychologically
and emotionally and other related problems.53

50
The Revised Family Code of Ethiopia Supra Note 8, Art 260.
51
Astar Shibeshi, ‘Divorce and its Effect on the Children: Well-Being in Yeka sub City’ Jun, 2015, P.10.
52
Wubedle Dereje, ‘The Cause and Psychological Impact of Divorce on the Women Right: The Case of
Ethiopian Women Lawyers Association’ November, 13, 2014, P. 41.
53
Sercalem Bekele, ‘Divorce, Its Causes and Impact on the Divorced Woman and Their Children’ Jul
2006, Addis Ababa, P. 35.

21
2.9.1. Economic effects

Divorce reduces the household income and duplicates individual earning because the total
income of the party divided into two for the reason of their separation. For this reason parental
divorced children face difficult to get educational expense and economic hardship increases the
risk of psychological and behavioral problems among children and may negatively affect their
education of the children. Economic hardship also takes it difficult for the custodial parents to
provide educational materials, adequate food, good environment and their resources to facilitate
children's academic attainment.54

2.9.2. Social effects

Divorce is often very complicated and includes everything from maintenance and child support
until the divorced woman recover to her original situation. In the many time children surfed with
existing situation. If the situation is not handled properly they may develop a negative attitude to
children and the parental divorce leads to destructive conflict management method and
diminished social competency of their children.55

Serkalem provided that the children in divorced family on average experience more problem and
have lower level of wellbeing than children continuously intact two parent family this problem
includes lower academic achievement. And off-spring with divorced parents are more likely to
be unemployed.56

2.9.3. Psychological Effects

With related to divorce so many problems come out the emotional trauma of divorce has a long
term effect or impact on the psychological health of the children. Astar (2012) stated out children
with divorced parents have an elevated risk of experiencing emotional distress in adulthood and
he conducted that on his study children more than one-third of the sample were doing in school,
had difficulty neatening friendship, experienced chronic problems such as sleep, disturbance and

54
Ibid, P, 36
55
Astar Shibeshi, ‘Divorce and its Effect on the Children: Well-Being in Yeka sub City’ Jun, 2015, p. 14.
56
Sercalem Bekele, ‘Divorce, Its Causes and Impact on the Divorced Woman and Their Children’ Jul
2006, Addis Ababa, P. 36.

22
continued to hope that their parent would reconcile, generally the psychological impact of the
divorce has

CHAPTER THREE

IMPACT OF DIVORCE ON THE RIGHT TO EDUCATION OF CHILD:

THE CASE OF NEKEMTE TOWN

3.1. Introduction and Description of the Population

This chapter deals with the analysis and interpretation of data collected from parental divorced
children, divorced parents and court. The main finding was interpreted through descriptive
method collected through qualitative methods, in selection of targeted population purposive and
snowball sampling methods were employed. This chapter introduces and focused on economic,
social and psychological impact of divorce on the right to education of the children. In this
research total of 10 participants involved. From those participants 3 participants are woman and
7 men. Those participants are divided into 3 categories. These are 3 parental divorced
children, 4 divorcee parents and 3 judges of Nekemte City court.

3.2. Major Impacts of Divorce on Education of Children

The finding of this study indicated that divorce has multidimensional and interrelated effect on
children education. From this study, it is clear that majority children of divorced family suffered
with economic, social, psychological and emotional problems starting from parent disagreement
at the end of the process of divorce. This has been affirmed by Sercalem’s research work that
divorce puts children at greater risk for many kinds of problem. This finding indicated that
children of divorced family are affected by all effect of divorces like economic, social,

23
psychological and emotional problems.57The finding clearly shows that effect of divorcees
complex and overlapping. 80% of respondents from children have suffered with economic
problem in terms of, food shortage, clothing and financial constraints for education on expenses,
suffered with social problem like unable to get support for education tutor and unable to get
parents love and moral support. All of the respondents responded that they were affected with
psychological problem. Generally it is clear that children who are affected by economic and
social problems become a victim of psychological problems. Let us see all effects of divorce on
the children education one by one.

3.2.1. Economic Impact of Divorce on Children

70%of the parental divorced children reported that, they suffered shortage of food, they get food
only two times in a day and there is no breakfast. They goes to school in the morning without
eating breakfast and also reported that they have the problem of cloth that means the school
uniform, and other expenses of education for the reason of economic impact of divorce. This
result is confirmed through divorced parent’s interviews, that they have faced serious financial
constraints following divorced; most of children after divorce are under custody of mother and
mother’s children’s are under their custody reported that they are not financially well and also it
is difficult to them to engage in business activities. Furthermore they couldn’t have got economic
support from outside of the family and also few or no alimony from non-custodial parents. Also
all of children are said that there is less commitment of non-custodial parent regarding provision
of basic needs of the child because of their focus on new parent. 80% interviewed children
reported that they are not successful academically. This means they are academically poor as
compared to their previous status. Moreover, the same number of children reported that there
divorced parents not control and supervise each and everyday school performance. Additionally,
absence of enough food security made it difficult to sit long time for reading. As result school
grade or results are low or less compared to the previous result that means before the parental
divorce. Generally they says that they didn’t follow the education or the teacher what he says in
the class because they do not get breakfast and they cannot concentrate and 30% of the
participant is drop out from school due to financial difficulties.

Sercalem Bekele, ‘Divorce, Its Causes and Impact on the Divorced Woman and Their Children’ Jul
57

2006, Addis Ababa, P. 37.

24
The all of judges interviewed also said that in this issue the alimony paid from the non-custodial
parent is determined on the base of the financial capability of the non-custodial parent. If the
non-custodial parent much poor, there is no obligation to pay the alimony and if non-custodial
parents have much more reach the obligation of alimony is high. The court determines the
alimony on the base of the economic level of the parents. The judges also said that there is no
case particularly concerning to the education of children decided but right to education issue
under general custody of children. To choose the custody there is an official who authorized to
check the condition or the background of the parent started from 2014E.C. The court should not
determine who follow the education of children and the homework and who is attend school
events. The court gives only emphasis on upbringing of the children rather than the detail
condition of education.

All participants have the same view on the economic effects of divorce which is a very terrible
and painful experience that hurts children by disturbing their education. This result is supported
by other finding Aster (2002).The separation of spouse may create economic instability through
division of parent’s property. It reduces one household income and duplicates individual earning
capacity. In this way the lower financial support from divorced parents has its impact on
education, wealth, service and other consumption of children. 58 Generally financial problem has
direct impact on the right to children education.

3.2.2. Social Impact of Divorce on Children

As this research result indicates social problem is one of the major effect that children have
encountered following their parents’ divorce. Based on children interview the social problem on
the children education is deeply elaborated. Some children reported that there was a deep silence
in one house during and after the process of divorce and fear to ask something from their mother
or father. This effect damages their relationship with parents for short period of time or may take
long time to recover.

The divorced parent reported that due to lack of enough time for their children, they have
difficult to share opinions and vice versa. It also makes difficult to follow up on the daily activity
of their children in school and in home.

58
Astet Shibeshi, ‘Divorce and its Effect on the Children: Well-Being in Yeka sub City’ Jun, 2015, P. 50.

25
They also added that non togetherness with parents creates big depression at the time of holidays
and ceremonies which gradually result on reduction of hope. For this reason the children of
divorced family affected by social problem and they says that this problem affect the academic
status of their.

Custodial parents reports that their children were unhappy and dissatisfy with their support and
care. They upset easily and feel sad, and then they have developed weaker emotional bondage
either with their mother or father or both of them. 30% of parents they also say that the children
have no interest to education because they are unhappy or dissatisfied.

The relationship with parent and child were positive, the risk is the post-divorce problem that
parent-child relationships couldn’t able to continue as existed before and those problems will
likely become worse following the divorce.59

The children of divorced family reported that divorce has negative impact on the result of
education. More than 60% of the children say that the academic performance recorded is lower
than before. Generally social problem has a direct negative impact/effect on the children
education. From the above understanding, smooth relation of parent-child is necessary to the
education of the children even the children loss best friend, the children may be affect and loss
their education.

3.2.3. Psychological Effect of Divorce on Children

The research finding indicates that the psychological problem on parental divorced children is
severing. This problem was captured through the children of divorced family interview and also
supported by the interview of their custodial parent. Based on the subjective judgment of
custodial parent 80% of the children are affected with all major (social, economic) effects of
divorce, and they says the economic and social impacts of divorce were exposed the children for
the psychological problem. And also reports that the interest of education is the mind work of the
human being if the mind is not consistent the result or the interest of the children to education is
slowdown.

Sercalem Bekele, ‘Divorce, Its Causes and Impact on the Divorced Woman and Their Children’ Jul
59

2006, Addis Ababa, P.43.

26
In the interview with children questions were asked to express the level of their satisfaction
following the parents’ divorce. The finding indicated that all the children were not satisfied.
Moreover the psychological impact of divorce of the children was assessed through children
interview in comparing the living condition of children before and after their parents’ divorce.
This includes checking the felling of isolation and perception losing an important person in their
lives. Most of children strongly believe that they might have better life if divorce of parents had
not occurred.

With regard to psychological impact school teacher were better in explaining the effects of
divorce in the education of the children.

27
CHAPTER FOUR

CONCLUSIONS AND RECOMMENDATION

4.1. Conclusions

The main concern of this paper is to assess the major effects of divorce on children’s life.
However as indicated in the specific objective of the chapter one we try to assess the reason of
divorce, the legal guaranties to the right to education and divorce in relation to the right to
education, this mean how divorce affect the right to education. Divorce have many reasons like
cohabitation before marriage, infidelity, lack of communication, cultural factors etc. and the right
to education have many legal guaranties. This means that the right to education is protected by
many national, international and regional laws and also we try to clarify how to affect divorce on
the right to children education.

The data collected from Children’s whose parent are divorced were affected with many and
interrelated divorce effect. Mainly the effects collected from the data are economic, social,
psychological and emotional problems. Even effect was starting from parents’ disagreement. The
effect is beginning with psychological impact and added more effects of divorce The economic
problem is serious and has negative impacts on children’s education, secured in economy is
essential to be well socially, psychologically and emotionally. Then majority of parental
divorced children has clothing problem, suffered with food shortage and suffer financial
constraint for educational expense and entertainment. The primary social effect of divorce is
declining parent - child relationship; then through time the social competences of those children
have become diminished. Most of parental divorced children says that divorce affect the
education result and the previous school result is more better than now because of the
psychological effect of divorce. Generally most parental divorced children reports that there is a
big gap in educational result after divorce because of the above negative impact of the children
that means the education result of the children is low as compared to the pervious educational
result. However this big social issues has never been getting attention either to reduce divorcing
rate or to find a solution for children who suffered by its effect.

28
4.2. Recommendations

Divorce is the big social issues. However it has never been gotten attention by the nation and
other concerned bodies either to reduce rate of divorce or to find a solution for children who
suffered by its effect. During the time of study, there was nobody involved on divorce issues;
even it was difficult to get the target population because there was no exactly recorded data on
divorce cases at any place. From these points of view, the followings are recommended.

1. Maximize the role of the mass Medias, other institutions and organizations should teach for
the need of strong family, including gender equality concept in the minds of the young as
opposed to the gender biases conduct.

2. Solving economic problem of society which is problem for courts at the time of deciding
alimony for child whose parents are divorced.

3. The society should prevent the prevalence of divorce and ensuring its proper adjustment
through changing the social environment in connection to marriage stability.

4. To help the divorcees particularly children after divorce, an institutions (state, organizations,
NGOs and individuals) have to be concerned with its problems and mitigate all divorce related
problems.

5. The court should give detail decision in relation to the right to education of children together
with parental divorce.

6. The legislative organ should enact specific laws in relation to the right to education of children
whose parent is divorced; to prevent the children from the impact of divorced.

Annex 1: Interview to Parental Divorced Children around Nekemte

university free legal service
1, Please tell me about your life by comparing the situations with before and after parents'
divorce?

2, What seems your academic result before your parental divorce and what about after divorce?

29
3, Do you happy by your parental divorce? If no what seems your feeling?

4, What seems your relation to your friends before your parental divorce and after divorce?

5, Does your custody on the base of your best interest?

6, Does your father visit you? How long time?

Annex 2: Interview to Divorced Parents Especially Focus to women

1, How many children's do you have from ex-husband /wife?

2, Do you have children's who live with your ex- husband / wife?

3, Did you get financial support (alimony) from your ex- husband or wife? If so is it enough for
those children expenses? Like clothing and food for education e.tc.

4, Do all of your school age children attend school? If not, why?

5, Did any of your children drop out from school? If yes why?

6, What problems that your children's have encountered because of divorce?

7, What seems the academic performance of your children after divorce?

8, Are you discuss with your children on the educational matters?

Annex 3: Interview to Nekemte Town judges and Wallaga University

free legal service Director.

1, What are reasons for divorce cases came before you?

2, Do you make decision in relation to education of the child?

3, Do you consider ability to cover educational necessities of the child in making custodial
decision?

4, How much you tried to keep marriage from divorce?

30
5, Do you impose the obligation to follow up the children on the parent?

Reference
Laws:

- Constitution of Federal Democratic Republic of Ethiopia 1995

- Revised Family Code of Ethiopia
- Convention on the right to Children
- African Convention on the right and Welfare of the Child

31
 - Universal Declaration of Human Right
- International Covenant on Economic, Social and Cultural Right
Books:

-Aschalew Ashagire and Merta Beleta Family Law Teaching material 2009

- Hiwot Abebe, the right to education of child

- Medhanit Adamu and Sofanit Mekonen, Gender and the Law Teaching material

- Aster Shibashi, divorce and it is effect on the child in Yeka sub city

- Sercalem Bekele, divorce and it is causes

Internet source:

- www.divorce.usu.edu .com

32