CHAPTER ONE

INTRODUCTION

1.1 Background Of Study

According to Shreeve 1995, evidence suggesting domestic violence dates back 130000 (One hundred and thirty thousand) years ago in the Netherlands. In Europe violence against women was a common aspect of marriage since medieval era, up till the 19^th century. There were no laws in the United Kingdom prohibiting a man from physically abusing his wife (Giddens, 1993). Violence against women is a worldwide phenomenon and derives its roots from the time the society started differentiating roles between women and men where men were perceived as superior which resulted to power imbalance and subsequent abuse (Sampa et al., 1994).  The phenomenon cuts across class, age, race, religion and national classification (GIDD report, 2000)

In the United States of America (U.S.A) the first Law to recognize a man’s right to discipline his wife with physical force was in 1824 where the supreme court of Mississippi held in the case of Bradly V The State, that the husband was allowed to use moderate punishment by hitting the wife in every case of wife misbehavior, without being subjected to prosecution. It was until 1882 when certain states in the U.S.A began to finally criminalize it such that a charge for domestic violence carried a punishment of 40 (forty) lashes or one-year imprisonment. (Howard and Lewis, 1999). Years after 1970, grass roots political pressure increased to employ harsher domestic violence Laws and intervention responses to curb the rate of its occurrence, through various global conferences on women.

The study brings out the various prevention mechanisms put in place or available in response to occurring cases of and domestic violence against women. This is based on the fact that the Cameroon legal system together with civil societies have evolve to strictly protect the vulnerable groups in which women are the most victims because they suffer triple jeopardy. The Universal Declaration of Human Rights 1948 has laid emphasis among the thirty articles (30), protecting human rights which fully means women’s rights inclusive. Among these articles are; Article 1, Article 3, Article 4, and Article 5 (hrlibrary.umn.edu). But on the contrary in Cameroon, men are the dominant offenders in committing assault and battery on women in the name of patriarchy.

According to (Brodsky and Hare Mustin, 1980), violent crimes such as domestic violence   is repeatedly committed mostly by men on women even with a pregnancy this is because prison records and case files show more males than females.

In USA, women make up 8.7% of the prison population, in Canada women constitute just 5% Botswana, Zimbabwe 3.5% (Ngere et al 2017). Generally, women constitute 1.6% of prison population in Africa (Sarken 2008). Thus, domestic violence which is mostly done by men on women usually takes three forms as per the Cameroon criminal law:

Simple assault, when someone applies intentional force to another person without the other person’s consent. In other words, attempting or the threatening by an act or gesture to apply force or approaching or blocking the way of another person while openly waiving or caring a weapon (Winfield and  Jolowig 1998).    In the case of Collins V Wilcock , according to   Winfield and Jolowig domestic violence   is an act of the defendant   which causes the infliction of force on the plaintiff by the defendant.

Assault causing bodily harm is when an individual uses or threatens to use a weapon or causes bodily harm, prescribed and punishable under the Cameroon penal code as amended by law № 2016/007 of July 2016 section 278 and 279.

Lastly, is aggravated assault section 177 of the Cameroon Penal Code (PC) when a person wounds, maims, disfigures or endangers the life of the women (victims).

 

  1.2 Problem Statement

Violence against women is a widespread problem in Cameroon. The United Nations Global Database on violence against women records that 51%   of women in Cameroon, experience lifetime physical and other forms of violence. Male to female violence occurs more frequent and has negative effects. The UN Database puts child marriage and Female Genital Mutilation at 31% in Cameroon. Despite the widespread of violence against women and the resulting effects on victims, perpetrators often go unpunished and leave victims in a state of injustice.

Victims of family and domestic violence face serious life threatening problems such as; physical injuries, gynecological problems, miscarriage for pregnant victims, high levels of stress, anxiety and depression and are likely to attempt suicide, drug abuse and suffer social isolation. Donovan RJ. Et al- (Targetting male Perpetrators of Intimate Partners Violence).

The family consequences of domestic violence do not only affect physical and mental health of victims, but also on children. Children who witness domestic violence may display withdrawn behaviors and many other problems like poor school performance and nervousness. Children who may also be victims of domestic violence are at higher risk of victims or perpetrators in their future   relationship (. Ferrante et al 1996)- Measuring the extent of domestic violence.

The economic cost of violence against women is also a major problem. Severe effects of violence on women warrant huge medical expenditures, on governments and usually employers of victims in the form medical and social welfare costs and in extreme cases, legal expenditures which directly or indirectly affect victims, (Gibbons L. and Paterson D. 2000 –Freedom from Fear Campaign Against Domestic Violence.

With all these negative state of things brought about by violence against women ,it is important to implement measures to combat the widespread problems for the achievement of “ Goal 5 of the UN 2030 Agenda for Sustainable Developments”; Gender Equality and women’s Empowerment and calls  for elimination of discrimination against women ,including trafficking , sexual and other types exploitation.

As a result of this problem, emphasis was laid on the following research questions;

1. What are the causes of domestic violence on women?
2. What are the characteristics of domestic violence?
3. What are the effects of domestic violence on women?
4. What measures have been put in place by the government to curb domestic violence?

 

1.3 Research Objectives

1.3.1 Main   Objectives.

The main objectives are;                    

To examine, carefully bring out and the various laws and intervention mechanisms available for victims of domestic violence. This is to say to discuss on the measures put in place by the government and civil society organizations to fight against domestic violence on women.

1.3.2 Specific Objectives

The specific objectives of the study are:

1. Examine the causes of domestic violence on women.
2. Analyze the characteristics of domestic violence.
3. Examine the effects of domestic violence on women and the society.
4. Examine the measures put in place by the government to curb domestic violence

 

1.4 Significance of The Study

• The study will help governments and non-governmental organizations in the fight against domestic violence.
• It will create awareness on the problem and enable the local authorities in the Buea municipality to work on the current measures put in place to deal with domestic violence.
• Also enable authorities to develop holistic approaches that will deal with the root cause of the problem to spur policy makers not only to engage in responsive policy making but ensure it efficacy and implementation.
• This study will increase knowledge on the security of domestic violence among women in Cameroon and Southwest region.
• The outcome of this study will help to increase our understanding about the various forms of domestic perpetrated against women.

 

1.5 Definition of terms;

 Measures; this is simply defined as actions that are intended deal with something

Prevention;

Prevention is the act or practice of stopping something from happening or things that are done in order to prevent something

Plaintiff;

A plaintiff is a person who brings a case against another in the court of law. Or is simply someone who lays a legal complaint against someone else in court.

Defendant;

Defendant is and individual sued or accused in the court of law or a person who is being sued or accused of committing a crime.

Discuss; this means about something detail.

Crime;

Crime is an action or omission which constitutes an offense and punishable by law.

 Offence;

It is a breach of law or rule, an illegal act

Domestic Violence; “Any incident of controlling,coercive, threatening behavior ,violence or abuse between  those aged 16 and above ,who are or have been  intimate partners or family members regardless of gender .The abuse encompasses, but not limited to physical ,sexual, emotional, psychologica Giddens1993l and financial  aspects .(Domestic  violence  in  London)