Corporal Punishment as a Disciplinary Measure in Cameroonian Schools: A Legal Vacuum?
Keywords:
Corporal Punishment, Disciplinary measures, School, legal vacuumAbstract
use of corporal punishment in schools is often justified as a means of maintaining discipline and respect for authority. From the legal perspective, corporal punishment in schools is inconsistent with Cameroon’s international human rights obligations [1] which prohibit punishment and other forms of violence against children. The physical and moral integrity of the students is guaranteed in the educational system [2] in Cameroon. Despite these legal provisions corporal punishment remains widespread in Cameroon schools. The problem in this research work is that the entrenched practice of corporal punishment as a disciplinary method within the Cameroonian education system presents a complex and deeply problematic issue. Unfortunately, some teachers in Cameroon’s educational system have been known to be harsh and abusive, using corporal punishment to discipline students. This can have serious negative effects on student’s physical, emotional and psychological ell-being. The lack of
established reporting mechanisms and transparent investigative processes hinders the possibility of identifying and addressing instances of abusive corporal punishment. This practice may give rise to pedagogical inadequacies of corporal punishment far from promoting effective learning, it may create a climate of fear and distrust, hindering the development of positive teacher-student relationships and impeding the learning process. Learners in this respect are understandably and predictably strongly
affected by corporal punishment as a form of disciplinary measures. For these children who are victims, the risk of abuse of their fundamental rights almost mathematically increases on daily basis. These tortures experienced by children in Cameroonian schools in the form of corporal punishment, has not only saw the need of some legal framework protection and laws ranging national, international, human rights organizations, but also raises the need to know the basis for legality. The objective of this paper is to critically examine the legality and practice of corporal punishment on children under the Cameroonian criminal law. The main research question is to find out what are the national and international instruments relating to offences committed within the Cameroon academic milieu and the legal instruments protecting the rights of children against corporal punishment as a disciplinary measure in school?
References
The Convention on the rights of the child and the African Charter on the rights and Welfare of the child
Article 35 (2) of Law No. 98/004, establishing the educational guidelines which prohibited corporal punishments in schools
UNICEF which stands for the United Nations Children’s Fund was created in 1946 by the United Nations General Assembly to provide emergency food and healthcare to children and mothers in countries devastated by World War II. UNICEF’ mission is to help children and young people around the world by saving their lives; defending their rights; helping them reach their full potential; advocating for their rights to education, healthcare and nutrition and supporting women’s issues
The UN was founded in 1945 after World War II, by 51 countries with mission to maintain international peace and security by preventing conflict, helping parties in conflict make peace, keeping the peace and creating conditions for peace to flourish. The UN Charter is guided by principles such as peace, justice, respect, human rights, tolerance and solidarity.
Some of the countries and territories that have bans corporal punishment are: Albania, Andorra, Argentina, Aruba, Austria, Benin, Bolivia, Brazil, Bulgaria, Cape Verde, Congo, Costa Rica, Croatia, Cyprus Denmark, Estonia, Faroe Islands, Finland, Germany, Greece, Greenland, Honduras, Hungary, Iceland, Ireland, Israel, Kenya etc, https://www.cnn.com>sp, 12 May 2018
https:/mimimefoinfos.com.tag
Cameroon News Agency
UN General Assembly Resolution 40/33 of 29 November 1985 adopting UN standards minimum for the administration of juvenile justice called the Bejing rules
See section 80 of Cameroonian Penal Code
United Nation Organizations
See the Cameroonian Penal Code that was modified and extended by Law No. 2016/007 of 12 July 2016 relating to the Penal Code
Child protection is a priority for the Cameroon government. At international level, this protection is reflected in the ratification of various legal instruments for the protection of children, notably the United Nations Convention on the Rights of the Child (CRC) and its various optional protocols.
The 1998 Law on the Orientation of Education in Cameroon
Cameroon is a signatory to the United Nations Human Rights System of 10 December, 1948, the Convention on the Rights of the Child of 20 November 1989 which was ratified by Cameroon on the 11 January 1993, the African Union Human Rights system, the African Charter on the Rights and Welfare of the Child commonly called African Children’s Charter adopted by head of states and governments on 11 July 1990.
The WHO Global Status report on Violence against Children 2020 monitors countries’ progress in implementing legislation and programmes that help reduce it. WHO also advocates for increased international support for and investment in these evidence-based prevention and response efforts;who.int/news-room/f.
Which means an act does not make a man guilty of a crime unless his mind is also guilty
Section 74 of Law No. 2016/007 0f 12 July 2016, Penal Code of the Republic of Cameroon
See Section 275 and 276 of the Cameroon Penal Code
Section 80 (3) of the Penal Code
(1968) WCLR S6
This has adopted in section 1 of the Penal Code which stipulates that “all persons shall be subject to the criminal law”.
See article 35 of the Law on Education Policy no. 98/004 of 1998
See section 17 of the Cameroon Penal Code of 2016
Law no. 67-LF-1 of June 1967 as revised by Law no. 2016/007 of July 2016 relating to the Cameroon Penal Code
Law no. 2005/007 of 27 July 2005, relating to the Criminal Procedure Code
Article 16 (1) of the African Charter on the Rights and Welfare of the Child 1999
Article 16 (2)
Article 17 (1)
Article 19 (1) of UN Convention on the Rights of the Child 1990
Section 29 of the Penal Code states that “an offender under the age of 18 years shall serve his sentence in a special establishment or failing such establishment, shall be separated from offenders over that age
