Abstracts

Domestic violence is rife in Cameroon and it has harsh effects on the society, particularly on family life. It cuts across class, race, culture and geography and it is all the more pernicious because it is often concealed and so frequently goes unpunished. The most vulnerable in our communities, women, children and the elderly all live in fear, simple things like walking one’s dog or jogging early in the morning or late in the afternoon can turn tragic.

It seems there are few places for Cameroon women and children to be safe. The existing legislative framework aimed at combating domestic violence seems to be unable to effectively address issues of domestic violence in the Republic. It is therefore, the purpose of this paper to give an overview of domestic violence legislation in Cameroon and determine whether government has fulfilled its constitutional mandate in the protection of women and children.

The research adopts qualitative research methodology with doctrinal method which deals with content analysis of both primary and secondary sources of data. Findings also reveal that Cameroon has not met its mandate and commitments and thus violates the human rights principles under international law.

The result is that human rights are violated as there is no specific legislation that offers protection to the victims of such abuse and domestic violence. The law in Cameroon does not mandate specific penalties for those who have committed domestic violence, this means that the judges have a wide discretion in sentencing.  It is recommended that Cameroon must enact a specific domestic violence law which should entail protective, preventive and punitive measures

CHAPTER ONE

GENERAL INTRODUCTION

1.1 Background To The Study

Domestic violence is a pervasive issue that has plagued societies across the world for centuries. The history of addressing domestic violence through the lens of the law has evolved over time as societal attitudes and understanding of the issue have changed. In ancient societies, including ancient Rome and ancient India, domestic violence was often considered a private matter between spouses or family members. There were limited legal protections available to victims, and the focus was primarily on maintaining peaceful family relations rather than punishing the perpetrators. The prevailing belief was that the head of the household had absolute authority over family members, including the right to discipline them.

During the Middle Ages, the concept of the “rule of thumb” emerged, which allowed men to beat their wives as long as the implement used was no thicker than their thumb. This notion perpetuated the acceptance of violence within marriage and reinforced women’s subordinate status. As societies progressed and underwent social and political changes, awareness of domestic violence began to increase. Increased urbanization and the rise of women’s rights movements in the 19th and 20th centuries played a significant role in transforming societal attitudes towards domestic violence.

The first legal reforms specifically targeting domestic violence emerged in the 19th century. In the United States, for example, some states introduced laws that made wife-beating a criminal offense. However, these laws were rarely enforced, and societal attitudes towards domestic violence remained largely unchanged.

The modern movement to address domestic violence as a social issue gained momentum during the 1970s. Activists and feminist groups brought attention to the hidden epidemic of domestic violence and challenged societal attitudes that normalized or condoned such behavior. They advocated for legal reforms and support services for victims.

As a result of these efforts, many countries began to introduce comprehensive laws and policies to address domestic violence. The laws aimed to protect victims, hold perpetrators accountable, and raise awareness within society. These laws encompassed various aspects, including criminalizing domestic violence, providing legal protection orders, establishing dedicated domestic violence units within law enforcement agencies, and funding support services for victims.

One significant development in international law was the 1993 United Nations Declaration on the Elimination of Violence against Women, which recognized domestic violence as a violation of women’s human rights. This declaration emphasized the obligation of states to prevent, investigate, and punish domestic violence.

In recent years, the scope of domestic violence legislation has expanded to include all genders and relationships, recognizing that domestic violence can occur in heterosexual, same-sex, and non-binary relationships alike.

While laws have undoubtedly improved in many countries, the enforcement and implementation of these laws still vary. Domestic violence remains a complex and multifaceted societal issue that requires ongoing efforts to address effectively. Additionally, ongoing awareness campaigns, education, and community support services are essential in changing societal attitudes and breaking the cycle of violence.

Domestic violence (DV) is defined as the intentional use of physical force or power, whether threatened or actual, against oneself, another person, or a group or community, which results in or has a high potential of resulting in injury or death . DV is the intentional and frequently repeated physical, sexual, psychological, or financial abuse. The most common type of domestic violence is that which is perpetrated against women by their intimate partners.  DV against women is a worldwide problem that affects women in all countries and is a major contributor to their poorer health . Unintended pregnancy, induced abortion, hemorrhage, HIV, and other sexually transmitted infections have all been linked to DV .

According to a WHO study on DV, intimate partner violence (IPV) is the most common form of violence in women’s lives, and women are more likely to be harmed at home than on the streets, with serious health effects. Women who have been sexually and physically abused by intimate partners are more likely to suffer gynecological, nervous system, and stress-related problems

DV occurs in all countries, but its prevalence varies greatly across the world and even within sub-Saharan Africa . For instance, it is 28.8% and 15% in Bangladesh and Thailand respectively.  Moreover, in Africa 78.0% in somewhere in Ethiopia, 42.7% in Zimbabwe, 67.2% in north-central Nigeria , and 76.92% in Senegal. Studies showed that sociodemographic factors like age, educational status of the women, educational status of the husband, husband drinking alcohol, and wealth index of the women are identified as factors that have a significant association with domestic violence.

1.2 Statement Of Problem

Domestic violence is a deeply concerning issue that affects individuals, families, and communities worldwide. It refers to a pattern of abusive behavior in a relationship, where one person exerts power and control over another through physical, emotional, sexual, or financial means. The problems associated with domestic violence are numerous and multifaceted.

Also, Domestic violence is not recognized as a specific crime in Cameroon and they don’t have a legal definition of domestic violence. The Constitution of Cameroon affirms to women, a right to life, to physical and moral integrity and to humane treatment in all circumstances. Under no circumstances, this constitution states, “shall any person be subjected to torture, to cruel inhumane or degrading treatment”. Although such pronouncements seem progressive and benevolent on paper, this has not been the reality for women especially in Cameroon.

Addressing domestic violence requires a comprehensive approach, including raising awareness, providing safe shelters and support services, implementing legal protections, offering counseling and therapeutic resources, and promoting gender equality and respectful relationships. It is essential to create a society where domestic violence is not tolerated and victims can find the support they need to break the cycle and rebuild their lives.

1.3 Research Questions

1.3.1 General Research Question

How does the Law suppress domestic violence in Cameroon?

1.3.2 Specific Research Questions

1. What is the Concept and Nature of Domestic Violence in Cameroon?
2. What is the legal framework for suppressing Domestic Violence in Cameroon?
3. What are the Challenges encountered in suppressing Domestic Violence in Cameroon?
4. What policy recommendations can be made to suppress domestic violence in Cameroon?

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