Secular Interpretation of the Best Interest of the Child: CCI’s Decision on Child Custody in the Context of Divorced Parents (Case Comment)

Abstract

International and regional human rights instruments state that the child's right to freedom of religion must be entrusted to the adult parents or guardians and the instruments do not allow state intervention. Likewise, the Ethiopian Constitution allows parents to make sure that their children have religious education; and it gives jurisdiction to religious courts over matters of custody. However, such laws can be insensitive to human rights issues when religious courts and human rights clash. This comment evaluates the recent interpretation by the Council of Constitutional Inquiry (CCI) in light of international and regional practices. The comment examines whether CCI’s decision constitutes an advanced, child rightsbased approach in interpreting what is in the best interest of the child in the context of divorced parents whereby the parent who has custody embraces a different religion after divorce. The analysis shows that this line of interpretation can be considered as an advanced way of child rights-based approach for interpreting best interest of the child.