The Effectiveness of the Legal and Institutional Frameworks in Combatting Domestic Violence against Women in Cameroon: A Critical Appraisal
Keywords:
Effectiveness, Legal, Institution, Frameworks, Combatting, Domestic Violence, Women, Critical, Appraisal, CameroonAbstract
Domestic violence against women is a worldwide issue affecting women in all countries and is a major factor in their poor health. In Cameroon, domestic violence is recognized as one of the most serious marital and social challenges. Reports reveal that the majority of women in Cameroon have faced some form of domestic violence from their intimate partners at some point in their lives. Women who face domestic violence, in particular, suffer from gynecological, nervous system, and stress-related problems. Despite various strategies and initiatives aimed at addressing this issue, it remains unresolved in the country. This is largely due to ineffective enforcement of legal standards in Cameroon and several significant barriers that women encounter when seeking legal protection. This paper therefore, aims to examine the legal and institutional standards, challenges and remedies in combating domestic violence against women in Cameroon. In this context, we argue that effective collaboration among all stakeholders, including the police, welfare, health, and judicial services, is essential to ensure victims receive the necessary support and, crucially, that perpetrators are held accountable. This approach will significantly contribute to raising awareness and addressing the issue of domestic violence, both in Cameroon and globally.
References
HRC, (2003), Violence against Women in Cameroon: A Report to the Committee against Torture, p. 123.
Bezawit Mulat, Menen Tsegaw, Kegnie Shitu, (2022), Assessment of domestic violence and its associated factors among ever-married reproductive-age women in Cameroon: a cross-sectional survey, BMC Women’s Health volume 22, P. 397.
Refworld Cameroon (2024), Domestic violence, including legislation, availability of state protection and support services for victims [Internet]. Available from:https://www.refworld.org/docid/5729a55e4.html. Last accessed 14/03/2024.
U.S Department of Justice, About Domestic Violence, (2007),<http://www.usdoj.gov/ovw/
domviolence.htm> at 24. Last accessed 14/03/2024.
Tjaden P and Thoennes N., (2000), ‘Full report of the prevalence, incidence and consequences of violence against women: Findings from the national violence against women survey’. P.2-5, at17. Last accessed 14/03/2024.
Online Etymology Dictionary, <http://www.etymonline.com/index.php> at 20 December 2023.
Krug EG, Mercy JA, Dahlberg LL, et al. (2002), World report on violence and health—World Health Organization. Lancet. P. 360.
Bezawit Mulat, Menen Tsegaw, Kegnie Shitu, (2022), Assessment of domestic violence and its associated factors among ever-married reproductive-age women in Cameroon: a cross-sectional survey, BMC Women’s Health volume 22, P. 397.
Lasong J, Zhang Y, Muyayalo KP, Njiri OA, Gebremedhin SA, Abaidoo CS, et al. (2020), Domestic violence among married women of reproductive age in Zimbabwe: a cross sectional study. BMC Public Health.; 20(1), P. 1–11.
Sapkota D, Bhattarai S, Baral D, Pokharel PK., (2016), Domestic violence and its associated factors among married women of a village development committee of rural Nepal. BMC Res Notes. ;9(1):1–9.
Sapkota D, Bhattarai S, Baral D, Pokharel PK., (2016), Domestic violence and its associated factors among married women of a village development committee of rural Nepal. BMC Res Notes. ;9(1): P. 1-9.
Kusanthian T, Mwaba S, Menon J., (2016), Factors affecting domestic violence among married women in Zambia. Br J Educ Soc Behav Sci. ;12(2):1–13.
Waits Kathleen, (1984-1985), ‘The Criminal Justice System’s Response to Battering: Understanding the Problem, Forging the Solutions’ 60 Washington Law Review 267-330.
Constitution of the Republic of Cameroon. Adopted on 18 January 1996, amendment to the Constitution of 2 June 1972 and 2008.
Nana, C.N., and Ngemuah, N., (2021), A Noiseless Crime Contributing to the Violation of Women Rights: Domestic Violence a Continuous nightmare on Women Rights and Status. The Need for Extermination or Continuation in Cameroon?, Scholars International Journal of Law, Crime and Justice, 4(2), P.61.
See section 279.
See section 296
Ibid.
J M Mugai, (1995), ‘The Penal Code and Spousal Rape: Is there need for legislature intervention?, University of Nairobi Law Journal Issue.P.66.
Article 64.
OAU, African Charter on Human and Peoples’ Rights (as of June 1981),
<http://www.hrcr.org/docs/Banjul/afrhr.html> at 21 last accessed 12 January 2024.
Article 18(3).
Article 2(1).
Article 16(2).
Radhika Coomaraswamy, (2002), ‘Combating Domestic Violence: Obligations of the State’, Innocenti Digest 11, p.10.
Article 1.
Article 5.
UOHCHR, Fact Sheet Number 2: The International Bill of Human Rights (as of June 1996),
<http://web.archive.org/web/20080313093428/http://www.unhchr.ch/html/menu6/2/fs2.htm> at 7, 17 January 2024.
Article 2.
Article 26.
Radhika Coomaraswamy, (2002), ‘Combating Domestic Violence: Obligations of the State’, Innocenti Digest P. 11.
Article 6.
Article 1(18).
Article 1.
Veláquez Rodríguez Case (1988) 4 HR 31.
Ibid.
See article 45 of the 1996 Constitution as amended in 2008.
World Development Indicators 2014 [Internet]. World Development Indicators 2014. 2014. Available from:https://openknowledge.worldbwordwank.org/handle/10986/18237. Last accessed 16/03/2024.
World Health Organisation. Strengthening the role of the health system in addressing violence, in particular against women and girls, and children. 67th World Heal Assem. 2014;(May):1–6.
Krug EG, Mercy JA, Dahlberg LL, et al., (2002), World report on violence and health-World Health Organization. Lancet.;360:1083–8.
Buntin JT., (2015), Intimate Partner Violence. Int Encycl Soc Behav Sci Second Ed.,;685–8.
According to Cameroon Tribune, the national newspaper, in 2019, Florence Ayafor was killed in Bamenda, Mbah Treasure was killed on August 4, 2020 in Bamenda and Sirri Comfort Tumassang was killed in Muyuka on August 11, 2020.
Lebledparle. (2020). L’indice de violence à l’égard des femmes est proportionnel à leur condition sociale https://www.lebledparle.com/les-chroniques-du-bled/1114795-opinion-l-ind…?
Corinne A.M., (2024), Violence against women in Cameroon: An unchecked phenomenon, p.8.
Brun, D. (2019). Data on gender equality in Cameroon.https://reliefweb.int/sites/reliefweb.int/files/resources/data_on_gender. Last accessed 16/03/2024.
UN Women. Global Database on Violence against Women. https://evaw-global-database.unwomen.org/en/countries/africa/cameroon?formofviolence=fac5fe48636e4d3882bbd2ebbf29bd60. Last accessed 16/03/2024.
CARE and UN Women. (2020). LAC Rapid Gender Analysis for COVID-19. https://www.care-international.org/files/files/enlac_rga_report_english_final junio2_1comprimido.pdf. Last accessed 16/03/2024.
Gqola, P.M., (2016). Rape: A South African Nightmare. Rape a South African Nightmare. https://www.amazon.com/Rape-Nightmare-Pumla-Dineo-Gqola/dp/192060152X. Last accessed 16/03/2024.
Nana, C.N., and Ngemuah, N., (2021), op cit, p.72.
Ibid.
UNIFEM, Domestic Violence Legislation and its Implementation: An Analysis for Asian Countries Based on International Standards and Good Practices, <http://www.unifem-eseasia.org> at P. 14. Last accessed 16 March 2024.
See section 296.
