Date of publication:

09/15/2026

Ethiopia

Do domestic laws and policies provide forcibly displaced and stateless persons with access to administrative or judicial remedies when they are denied access to education?

ANALYSIS

Assessment by population

Refugees
Asylum-seekers
Analysis

Pursuant to Article 37(1) of the Federal Democratic Republic of Ethiopia (FDRE) Constitution, everyone, including refugees, have the right to bring a justiciable matter to a court of law or any other competent body with judicial power. Further, the Refugees Proclamation, under article 30(1), states that refugees are entitled to the same treatment as nationals with regard to bringing any justiciable matter to the court or any other competent body with judicial power. 

However, according to the Constitution, article 41, the obligation of the State regarding education is to allocate ever increasing resource to provide the service. Further, the Constitution, under article 90, puts education as the social objective of the government where it shall aim to provide all Ethiopians access to education to the extent the country’s resource permits. Such constitutional stipulations suggest that education is a social aspiration that a State should provide citizens as resource permits which may not be claimed by citizens or refugees as a justiciable matter to be invoked for judicial remedies. 

The Refugees Proclamation regarding pre-primary and primary education, under article 24 (1) entitles refugees the same treatment as nationals. With respect to access to secondary education, higher education, technical and vocation education and training, and adult and non-formal education, as per article 24 (2), refugees may access such services within available resources and subject to education policy of Ethiopia. Hence, like nationals, refugees are not entitled to legally claim the right to secondary education. 

However, refugees are entitled to seek administrative remedies in case of denial of education services by RRS or partners, as per article 5(1) of the Refugees and Returnees Grievances and Appeals Handling Directive, Directive No. 03/2019. The Refugees also may lodge a complaint to the institution of the ombudsman for maladministration in case of denial of education service by RRS or the relevant government authority in charge of administration of education, as per Articles 22(1) and 24 of the Institution of the Ombudsman Proclamation No.211/2000.

    LAW & POLICY

    Related provisions of domestic law or policy

    Constitution of Federal Democratic Republic of Ethiopia (FDRE)
    • Year: 1995
    • Type: Domestic law
    • Rights Category: Asylum, Education, Freedom of movement, Health, Housing, land & property, Liberty & security of person, Nationality, Integration & Public Affairs, Social protection, Work & Workplace rights, Family life, Documentation
    • Link to external source: https://www.refworld.org/legal/legislation/natlegbod/1995/en/18206

    Legal provision

    Article 90 - Access to public health, education, water, housing, food, social security

    To the extent the country’s resources permit, policies shall aim to provide all Ethiopians access to public health and education, clean water, housing, food, and social security.

    Article 41(4) - Economic, Social and Cultural Rights

    The State has the obligation to allocate ever increasing resources to provide to the public health, education, and other social services.

    Refugees Proclamation No.1110/2019

    Legal provision

    Article 24(3) - Access to Education

    Recognized refugees and asylum-seekers may receive the most favorable treatment as accorded to foreign nationals in respect to education other than primary education as regards access to studies, the recognition of foreign school certificates, diplomas and degrees, the remission of fees and charges and the award of scholar ships.