CHAPTER ONE

INTRODUCTION

1.0 Brief Introduction

This chapter presents the general introduction on “examining how Cameroon’s legal system addresses the issue of abortion. Specifically, this section of our study presents the background to, the study which will give the reader a little insight about the topic, the problem, research question, objective, delimitation of area, the significance of the study, scope of study and as well as the definition of terms.

1.1. Background To The Study

Abortion-related deaths account for at least 13% of maternal deaths worldwide. Unsafe abortion procedures, inexperienced abortion practitioners, abortion restrictions, and high abortion mortality are all linked. According to the World Health Organization (2008), roughly 25% of pregnancies worldwide, or about 50 million per year, result in induced abortion. Of these, 20 million are carried out in dangerous circumstances, either by untrained providers or by using unsafe procedures, or both, resulting in death in the majority of cases. Deaths as a result of unsafe abortions in developing countries are estimated to be around 80000 per year, or 400 deaths per 100,000 abortions.

Abortion has been allowed in several states and countries, especially in European countries, whereas African countries remain vehemently opposed to the legality of abortion for the sake of preserving specific African values. Despite the fact that abortion is illegal in numerous African countries, including Cameroon, there are some cases or scenarios in which it is not penalized. In the case of rape, this is known as therapeutic abortion. This type of abortion is performed to protect the mother’s physical and mental health, as well as in cases when tests have revealed that the child will be born with significant defects. Unsafe abortions are usually a health-care problem in impoverished nations, and they pose a major threat to many women’s reproductive lives (WHO 2008).

This type of unsafe abortion is thought to be a leading cause of maternal death and morbidity. Abortions that are not safe are estimated to be more widespread in third-world and developing countries (Jacobsson 1975). The largest groups of people seeking abortions are unmarried adolescents and teenagers living in the country’s major areas, such as Douala, Yaoundé, and Buea. Women in poor countries are unable to access safe or safer abortion options due to the convergence of social, political, economic, and, most importantly, religious difficulties.

The 1994 International Conference on Population and Development (ICPD) stressed the need for developing nations to recognize “the urgent need for work on unsafe abortions” as well as address the health consequences of unsafe abortion as a serious public health concern. Abortion is prohibited in Cameroon; hence it is performed in secret or under the radar.

According to the Pan African Medical Journal (2015), 30 million abortions are performed worldwide each year, with 19-20 million of those performed by people who lack the necessary skills in regions and environments that fall below the threshold of minimum medical norms. Abortions are estimated to occur at a rate of 4.2 million per year in Africa alone.

In Cameroon, in the year 2000, the estimated maternal mortality rate due to unsafe abortions was 90-100000 live births, while in 2015; the mortality rate was 596-100000 live births, a substantial decrease from 1990, when the maternal mortality rate was 728-100000 live births. Unsafe abortions are responsible for one in every thirteen maternal deaths.

Despite the fact that Cameroon has a highly tight abortion regulation, it is still noticed that unsafe abortions are carried out at a very high rate in the country.

Mosoko et al. (2008) claim that. In Yaoundé, more than 35% of females aged 24 and above who enter prenatal clinics have previously carried out unsafe abortions. Injections and unidentified drugs are among the methods revealed for inducing these unsafe abortions, which may cause serious harm to the patient’s health. With regard to the teaching hospital in Cameroon, Tebeu et al (2008) estimate that approximately 25% of maternal deaths are caused by unsafe abortions. If Cameroon can address half of the women’s unmet contraception needs, over 600 maternal deaths could be averted, and over 650000 unsafe abortions might be avoided.

According to the World Health Organization, deaths from unsafe abortions can be readily averted if and only if modern and appropriate contraception is used. Bain and Kongnyuy (2018), estimate that one-fifth of Cameroonian teenage moms have undergone at least one induced abortion. At least two induced abortions are reported by 40% of women aged 20 and above and unsafe abortions account for a fifth of in-hospital maternal deaths.

In Cameroon, induced abortions are legal when a woman’s life is in danger and she needs to preserve her physical and mental health (Taylor and Francis 2005). In circumstances of rape or incest, it also allows for induced abortions. Even though induced abortions are lawful in these situations, obtaining a legal abortion is extremely difficult. “The doctor shall get the opinion of two legal experts, each picked from legal experts and members of the National council of medical practitioners,” according to the law.

The latter must certify in writing that the mother’s life can only be saved by the intervention. One copy of the protocol consultation should be given to the patient, while the other two should be given to the consulting physician and legal expert. A protocol of the decision must also be delivered to the chairperson of the National Council of Medical Practitioners by registered mail (Taylor and Francis 2010).

As a signatory to the MAPUTO Protocol (African Charter on Human and Peoples Rights on the Rights of Women 1997), legal provisions have been made regarding abortion on the condition that it be feasible, realistic, and that policies surrounding the practice are geared toward respecting women’s reproductive rights. Section 337 of the Cameroon Penal Code lays down the penalty for abortion as well as for other crimes against women. Section 337 of the Criminal Code (Act of the Africa Union, www.africa-union.org,Wash and Lee. J. Civil Rts & Soc Just 2009).

• Any woman who procures or consents to her own abortion faces a sentence of imprisonment ranging from fifteen days to one year, as well as a fine ranging from five thousand to two hundred thousand francs, or both.
• Anyone who induces a woman to have an abortion without her consent faces a sentence of one to five years in prison and a fine of one hundred thousand to two million francs.
• If the perpetrator is a repeat offender, the penalties in subsection (2) are quadrupled.

(a)Has a habit of aborting babies or

(b)Practices the profession of medicine or n allied profession

• In the case of subsection (3) (b), the court may further order the professional premises to be closed and his occupation to be prohibited under sections 34 and 36 of this code.
• Cameroon has remained unconcerned about passing abortion-friendly legislation. SOGOC (Society of Gynecologists and Obstetricians of Cameroon), the National Bar Association, and the Cameroon Medical Council have all been deafeningly silent in their support for abortion-friendly legislation. For example, in Ethiopia, the authoritative group ESOG (Ethiopian Society of Obstetricians and Gynecologists) played a critical role in enacting abortion-friendly legislation in 2005.

According to the WHO (2008), 20 million of the 80 million pregnancies that occur each year are unplanned. When women want to limit or postpone childbearing but are unable to do so due to a lack of contraception or ineffective contraception, or when they are coerced into non-consensual sexual behaviours, unwanted pregnancies are common. When this occurs, the women or young girls decide to terminate the pregnancy, which is frequently accomplished by forced abortions.

When abortion laws are restrictive, such as in Cameroon, and women are unable to access safe abortions, especially when the pregnancy is unwanted, they often turn to unskilled providers who are willing to perform the procedure for a fee, which can result in high risks and serious consequences, putting these women and girls at risk of losing their lives.

In 2008, the World Health Organization projected that 21.6 million unsafe abortions were performed, resulting in the deaths of 47000 women (WHO 2012). As is customary, these deaths were caused by botched abortions performed by incompetent providers, which frequently resulted in significant bleeding, infections, or organ damage. In 2008, 14 unsafe abortions per 1000 women aged 15 to 44 years were reported worldwide.

Almost all of these dangerous abortions occurred in underdeveloped countries. Developing countries were home to nearly all unsafe abortions. In developing nations, there were 16 unsafe abortions per 1000 women aged 15 to 44, while in least developed countries, there were 27. The recent rise in the total number of unsafe abortions is primarily attributable to the increased population of women between the ages of 15 and 44 who are fertile. The rate of unsafe abortion at 14 was the same in 2008 and 2003, and it was slightly lower than in 1990.

In 2008, 13 percent of maternal deaths, or one in every eight, were linked to unsafe abortions. A total of 47000 women died as a result of unsafe abortions. In the world, there were 30 unsafe abortions per 100,000 live births. Africa accounted for 62 percent of all deaths caused by unsafe abortions. Since 1990, the proportion of maternal mortality caused by unsafe abortions has been close to 13% globally. As a result, the global death rate associated with unsafe abortions has decreased at almost the same rate as maternal mortality. However, the African region’s tiny reduction in the unsafe abortion mortality ratio between 1990 and 2008 is significantly slower than the other regions. The case-fatality rate in Africa fell by 31% from 680 cases in 1990 to 470 cases in 2008 (WHO, 2012)

The majority of women who have unsafe abortions do not seek medical help because they are afraid of ill-treatment or legal repercussions, as well as because the problems are not severe enough. Millions of women endure long-term health repercussions as a result of unsafe abortions, which can include infertility and death. The outcome of unsafe abortion complications is determined not only by the availability, efficiency, and effectiveness of emergency unsafe abortion services but also by the woman’s willingness to seek medical help in a timely manner and the medical staff’s readiness to deal with such situations. (Danpullo 2008).

When faced with unplanned pregnancies, women are more likely to turn to unsafe abortions since safe abortion options are limited, unavailable, or inaccessible. Increased adoption of effective contraceptive techniques would almost certainly result in fewer unplanned births and lower maternal mortality rates. The maternal mortality rate will undoubtedly rise in cases where abortion restrictions are stringent.

Because of the tight rules in place governing abortions in African countries, such as Cameroon, the overall burden of unsafe abortion death is highest. Globally, the number of deaths from unsafe abortions has decreased, owing to a transition from highly risky to less risky unsafe abortion methods. It is not enough, however, that hazardous abortion methods have grown less dangerous than they were previously.

Women have a right to their reproductive health, as well as to the reproductive health care they require, such as safe abortions (World Health Organisation, 2005). The countries who attended the ICPD in 1994 agreed that services should be made available for the management of problems resulting from unsafe abortions, and those abortions are safe in situations where the legislation does not prohibit them. Making post-abortion services available to women will ensure the survival of human life while also improving the health of millions of women, particularly in underdeveloped nations like Cameroon (Damey et al., 2014) Unless women have access to safe abortion services, effective contraception, and support to empower themselves, including the freedom to choose whether or not to have a child and when to have a child, the number of unsafe abortions is likely to rise.

1.2 Statement Of Problem:

According to Bain and Kongnyuy (2018), discussing sexuality issues is frowned upon in most African countries. The issue of abortion is related to sexual and reproductive health rights, but it is not a topic that is discussed in the typical African context because it is considered taboo, despite the fact that many unregistered abortions continue to be performed in hospitals and small clinics, and that a percentage of young girls give birth to children.

Many stories about girls who died while attempting an abortion or who had a baby and ran from the hospital are recorded on a daily basis. However, due to the lack of mechanisms that deal with sexual and reproductive health rights, society permits individuals to engage in sexual activities without having an adequate understanding of how to avoid unwanted pregnancies (books.google.com, 2003) The existing social systems are also insufficient, failing to address or meet the needs of adolescent moms, making the idea of having a child seem like the end of the road. .There are also restricted cultural and religious rules for most young girls that do not offer an open place for conversation on such subjects, but as the world evolves, it is vital to re-evaluate what people think about legal abortion provisions in Cameroon. As a result, the purpose of this study is to look at the public’s perspective of Cameroon’s abortion laws.

1.3 Research Questions

Major Question

The main research question is ‘How does the Cameroon legal framework address the issue of abortion?

Secondary Research Questions

Secondary research questions for this study include;

1. What are people’s thoughts on the issue of the legalization of abortion in Cameroon?
2. What are the main causes of abortion among youths?
3. What are the effects of abortion on the physical and mental health of youths in Buea?
4. How does the Cameroon legal framework treat the issues of abortion?

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