Abstract

Children are human beings below the age of 18 years. They are unique and privileged since they are a vulnerable group of human beings. Children have human rights such as the right to education, health and a standard of living. These rights have to be respected and protected. The ideas that animated children’s right movement developed after the Second World War and the atrocities of The Holocaust. Children are often victims of bad treatment, negative social and cultural practices, sexual abuse and all forms of economic hazardous exploitation. This research exposes child labour as a major infringement of child rights that needs to be eliminated. Children engage in this activity out of desperation or are forced. Although they are coming from poor families, some of them have to work. Others are trafficked and forced to work in plantations while others are in commercial sexual exploitation. It therefore becomes necessary to investigate on activities violating children’s rights and possible mechanisms. This work adopts the doctrinal research method which is appropriate in law. It therefore makes use of content analysis. International legal instruments protecting children’s rights at the international level are discussed in relation to the various rights of children. In Cameroon, international legal instruments have precedence over national instruments protecting children’s rights. These international legal instruments are ratified and applied with other national instruments protecting children’s rights, yet, these rights are still violated. It is recommended that measures should be taken to intensify the fight against child labour in the area of education. Cameroon has a good legal framework for the protection of children’s rights. However, child labour which is manifested in its various forms only suggests that more is expected from the government in protecting children’s rights.

CHAPTER ONE

GENERAL INTRODUCTION

1.1 Background To The Study

Children have a unique and a privileged place in the society since there are the most vulnerable of human beings. The age limit as set by the African charter of the rights and welfare of the child is below the age of 18 years.  African children need special care and protection. In this regard, all humans below the age of 18 are so considered children and as such entitled to the enjoyment of the right to freedom of expression, association, peaceful assembly, thought, religion and conscience.

The Second World War, Holocaust, that culminated in the adoption of the Universal Declaration of Human Rights in Paris by the United Nations General Assembly on 10 December 1948. The true forerunner of human rights and children rights discourse was the concept of natural right which appeared as part of the medieval natural law tradition. It became prominent during the age of enlightenment with philosophers such John Locke, Francis Hutcheson and Jean-Jacques Rousseau and featured prominently in the political discourse of the American Revolution and French Revolution. From this foundation, the modern human rights and children’s rights argument emerged. This was a reaction to slavery, torture, genocide and war crimes, was due to inherent human vulnerability, and as being a precondition for possibility of a just society. Children are often victims of bad treatment, negative, social and cultural practices, sexual abuse and all forms of hazardous exploitations including commercial sexual exploitations. There are brought to urban areas by their guardians with the aim of taking care of them and providing for their wellbeing. But thus, there are turned into slaves and even work beyond their strength. They are exposed to hazardous working conditions which are extremely dangerous to their health and wellbeing as children. Some are kidnapped and trafficked for man’s selfish interests, others are forced to beg on streets and get involved in the illegal use of drugs. These activities violate children’s rights and welfare and destroy their dreams of becoming future African leaders of tomorrow.  It is true to say that international law has always considered as one of the fundamental purpose the maintenance of peace.

Situations of human rights violations are inevitable and no matter their nature, their occurrence is a problem and need to be addressed. The prosecution of human rights violation cases, especially as concerns children’s rights is embodied in various international legal instruments. In November 20 1989, the United Nations adopted the Convention on the Rights of the Child (CRC) and this treaty went in to force less than a year in September 2 1990. African leaders decided to adopt their own version of the CRC; the African Charter on the Rights and Welfare of the child (African Children Charter), which was adopted in July 17 1990, went in to force in November 29 1999. These are the two internationally recognized treaties protecting children’s rights and welfare in Africa. There are others such as the Declaration on Rights and Welfare of the Child, the African Charter on Human and People’s Rights.

Also some courts were established for the protection of children’s right and welfare in Africa such as the African Court on Human and People’s Rights. This is a continental court established by African countries to ensure the protection Human and People’s rights in Africa. It compliments and reinforces the functions of African commission for Human and People’s Rights.

In Cameroon, the CRC and the African Children’s Charter (hereafter referred to as ACRWC) were recognized, accepted and ratified as part of its law ensuring the protection of children’s rights and welfare. As per article 45 of the constitution of Cameroon, the ratified treaties and international agreements take precedence over national laws. Cameroon is seen to be a monist state in terms of the status of international instruments duly ratified by the government. However, with regards to the application of ratified treaty, Cameroon is dualist as such treaties only take effect through domestication by national laws. Cameroon also has various legislative acts and decrees protecting children’s rights.  Children should not be victims of torture. That is why Law No. 97/009 of 10 January 1997 States that the practice of torture in Cameroon has to be stopped at all cost and sanctions meted out. Section 7 of Law No. 98/004 of April 14 1998 it lays down the guidelines of education in Cameroon which stipulates that everyone is entitled to education regardless of sex, religion, age, political opinion and social origin.  Orphans can be adopted and guided by foster parents, foster homes or orphanages with good intension to take care of the children as per Law No. 84/04 of July 1983 on protection of orphans. The convention on the right of the child. However, the government has created several ministerial departments responsible for the rights of children with respect to decree No. 2004/ 320 of 8 December 2004 is a presidential decree issued on December 8 2004 by Paul Biya that organized 29 ministries of government of Cameroon.

The state has also transferred powers to various councils to provide aid and relieve to the destitute and the needy subject to a prior social injury carried out by a social worker in a social action Centre located within the jurisdiction of the councils. Therefore, children or minors in need of help due to violation of their rights can report cases to various social actions Centre such as Non-governmental organizations (NGOs) which can channel their cases to the council for adequate attention. In 2003, the International Labour Organization (ILO) established programs in collaboration in International Program on the Elimination of Child Labour (IPEC). To combat violation of children’s rights in Cameroon such as the West African Cocoa/ Agricultural Program to eliminate child Labour (WACAP).

1.2. Definition Of Key Concepts

The concepts of a child, human right, human right protection, and children’s rights are used in this study in the context explained below.

1. Child

Below the age of 18 years unless the law applicable to the child, majority is attained earlier. The African charter on the rights and welfare of the child also defines the child to be a human being below the age of 18 years. Therefore, a child is a minor otherwise known as a person younger than the age of majority. Children are classed as unable to make serious decisions, unlike adults. They must always be under the care of a responsible adult. There are many issues that affect children such as; child wood education, child Labour, child poverty leading to hunger, the carrying out of illegal activities. Children in some countries are often kept out of school or attend only for short period. In 2011, 57 million children have never attended primary school or have left without completing primary school education. They can be raised by parents, in the foster care or similar supervise arrangement, guardians or partially rose in a day care Centre.

1. Human rights.

Human rights are moral principles that set out certain standard of human behaviour, and are regularly protected as legal right in national and international law. They are commonly understood as inalienable fundamental rights which a person is inherently entitled simply because he or she is a human being.   Human rights are thus conceived as universal and egalitarian (the same for everyone). The doctrine of human rights has been highly influential within international law, global and regional institutions.

1. Human rights protection.

To protect human rights is to ensure that people receive some degree of decent humane treatment. Responsibility to protect human rights resides and first and famous with the state themselves with their laws practiced in their countries. In some cases, the perceived need to protect human right and maintain peace has led to humanitarian intervention. There is evidence that we are moving towards the notion that the government has not only the duty to protect human rights, but also the duty to safeguard these rights, preserve life and protect people from having their rights violated by others. However, they exist various governmental and nongovernmental organizations taken part in the protection of people’s human rights. In any society, every human being has the duty to human right protection.

1. Children’s rights.

Children’s right are there the human right of children with a particular attention to the right of special protection and care afforded to minus. These rights include their rights to association to both parents, human Identity as well as the basic need for food, universal state paid education health care, criminal laws are appropriate for the age and development of the child. Other rights include; equal protection of the child’s civil right, freedom from discrimination of the bases of the child race, gender, sexual orientation, gender identity, national origin or other characteristics. Interpretation of children’s rights range from allowing children the capacity for autonomous action to the enforcement of children being physically mentally and emotionally free from abuse, though what constitutes abuse is a matter of debate. The nation that children are right bearers rather than passive recipients of their parents and state paternalistic favour largesse is of relatively recent origin. The existence of the UN conversion on the right of the child 9089 and the AUs African charter on the Rights and Welfare of the child in 9090 strengthens children’s right. The intervening period, a number of post 1990 constitutions of African state stated incorporating children’s right.

1.3. Statement Of The Problem

There is good enforcement mechanism of children’s rights at the international; and national level. This is evident in various international conventions and declarations such the convention on the right of a child 1989 (CRC), and the African Charter on the rights and Welfare of the child (ACC). Cameroon to this effect has ratified the CRC and the ACC. Cameroon has a good legal framework such as Labour code, penal code, criminal procedure code. Notwithstanding, there is continues practice of child Labour. Children are taken from rural areas to urban areas by foster parents with promises of care and education whereas they turn into labourers and victims of domestic violence. Some are converted in to public vendors (aged 5 to 14 years) in streets. This violation is also manifested in the various forms of child Labour such as sexual exploitation especially child prostitution.

With regards to breast ironing, it is commonly done to female children who are developing breast. It involves the pounding and massaging of the developing breast of a young girls of about 8 years with hot object to try to make them disappear. It is initially done by women with the thought of improving mother breast milk. It is commonly done in the Littoral Region. It leads to harmful effect such as abscess in the breast pimples around the breast nipples, chest pain, deformities and complete disappearance of the breast. This practice is done against their wish and therefore violates their human rights.

1.4. RESEARCH QUESTIONS

The questions which this research seeks to answer are:

1. How are the rights of child protected in Africa?
2. Are children’s rights protected in Cameroon?
3. What policy recommendations can be made to improve the protection of children’s rights in Cameroon?