Distance Learning and the Right to Access to Legal Education in other Jurisdictions: Good Practices and Lessons for Ethiopia

Abstract

Open and Distance Learning has a potential to bring higher education within the reach of those who, for whatever reason, have not had access to it and to enable those who are not in the position to receive higher education in any other form. There are many legal frameworks including the FDRE Constitution, which recognizes the right to education as a human right. In Ethiopian, unlike other disciplines, except some, law schools do not have distance learning programs. Actually, law education is prohibited in PHEIs not only for distance program but also in both conventional and distance modes, in the country due to quality compromising concern. The purpose of this study was to investigate distance learning vis-à-vis the right to law education in other jurisdictions with especial emphasis on exploring best practices and lessons for Ethiopia. The research employed a comparative study approach. The main data collection techniques were secondary analysis of national data, relevant documents analysis (both legal and policy documents) and literature reviews. The findings of the study revealed that establishing Open Universities with the primary objective of ensuring access to education through distance learning, collaborative practice of course and teaching materials development by inviting academics from other universities in distance learning, effective and continuous monitoring system, establishing internal quality assurance and external quality auditing committees in distance learning programs, and strong cooperation and coordination among stakeholders of education sectors are some of the identified best practices of law schools in other jurisdictions. Therefore, it is suggested that in order to meet the increasing demand of law graduates in the 21st century, firstly, the country should establish Open Universities only for distance learning programs; secondly, public higher education institutions’ law schools must be accredited to begin distance learning; and thirdly, legalizing qualified private higher education institutions to resume distance learning programs in law through serious quality assurance standards designed and effectively implemented.