The Effectiveness of the Legal and Institutional Frameworks in Combating 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 most 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 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
1. Human Rights Campaign. Violence against Women in Cameroon: A Report to the Committee against Torture; 2003. p. 123.
2. Mulat B, Tsegaw M, Shitu K. Assessment of domestic violence and its associated factors among ever-married reproductive-age women in Cameroon: a cross-sectional survey, BMC Women’s Health. 2022;22:397.
3. Refworld Cameroon. Domestic violence, including legislation, availability of state protection and support services for victims [Internet]. 2024. Available from: https://www.refworld.org/ docid/5729a55e4.html. Last accessed 14/03/2024.
4. U.S Department of Justice. About Domestic Violence. 2007. <http://www.usdoj.gov/ovw/ domviolence.htm> at 24. Last accessed 14/03/2024.
5. Tjaden P, Thoennes N. Full report of the prevalence, incidence and consequences of violence against women: Findings from the National Violence Against Women Survey. Washington (DC): National Institute of Justice; 2000. p. 2–5. Available from: https://www.ncjrs.gov/pdffiles1/nij/ 18378.pdf. Accessed 2024 Mar 14.
6. United Nations High Commissioner for Refugees (UNHCR). Domestic violence and abuse: Warning signs and symptoms of abusive relationships. 2023. Available from: http://www.helpguide.org/mental/domestic_violence_abuse_types_signs_causes_effects.htm. Accessed 2023 Dec 21.
7. Online Etymology Dictionary. Available from: http://www.etymonline.com/index.php. Accessed 2023 Dec 20.
8. Krug EG, Mercy JA, Dahlberg LL, Zwi AB. World report on violence and health. Lancet. 2002;360:1083–8.
9. Mulat B, Tsegaw M, Shitu K. Assessment of domestic violence and its associated factors among ever-married reproductive-age women in Cameroon: A cross-sectional survey. BMC Womens Health. 2022;22:397.
10. Lasong J, Zhang Y, Muyayalo KP, Njiri OA, Gebremedhin SA, Abaidoo CS, et al. Domestic violence among married women of reproductive age in Zimbabwe: A cross-sectional study. BMC Public Health. 2020;20(1):1–11.
11. Sapkota D, Bhattarai S, Baral D, Pokharel PK. Domestic violence and its associated factors among married women of a village development committee of rural Nepal. BMC Res Notes. 2016;9(1):1–9.
12. Sapkota D, Bhattarai S, Baral D, Pokharel PK. Domestic violence and its associated factors among married women of a village development committee of rural Nepal. BMC Res Notes. 2016;9(1):1–9.
13. Kusanthian T, Mwaba S, Menon J. Factors affecting domestic violence among married women in Zambia. Br J Educ Soc Behav Sci. 2016;12(2):1–13.
14. Waits K. The criminal justice system’s response to battering: Understanding the problem, forging the solutions. Wash Law Rev. 1984–1985;60:267–330.
15. Constitution of the Republic of Cameroon. Adopted 18 Jan 1996; amended 2008.
16. Nana CN, Ngemuah N. A noiseless crime contributing to the violation of women’s rights: Domestic violence as a continuous nightmare on women’s rights and status in Cameroon. Scholars Int J Law Crime Justice. 2021;4(2):61.
17. See section 279.
18. See section 296.
19. Ibid.
20. Mugai JM. ‘The Penal Code and Spousal Rape: Is there a need for legislative intervention? University of Nairobi Law Journal Issue. 1995:66.
21. Article 64.
22. 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.
23. Article 18(3).
24. Article 2(1).
25. Article 16(2).
26. Coomaraswamy R. ‘Combating Domestic Violence: Obligations of the State’. Innocenti Digest. 2002;11:10.
27. Article 1.
28. Article 5.
29. 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.
30. Article 2.
31. Article 26.
32. Coomaraswamy R. ‘Combating Domestic Violence: Obligations of the State’, Innocenti Digest. 2002:11.
33. Article 6.
34. Article 1(18).
35. Article 1.
36. Velázquez Rodríguez Case (1988) 4 HR 31.
37. Ibid.
38. See article 45 of the 1996 Constitution as amended in 2008.
39. World Development Indicators 2014 [Internet]. World Development Indicators 2014. 2014. Available from: https://openknowledge.worldbwordwank.org/handle/10986/18237. Last accessed 16/03/2024.
40. World Health Organisation. Strengthening the role of the health system in addressing violence, in particular against women and girls, and children. 67th World Health Assembly. 2014;(May):1–6.
41. Krug EG, Mercy JA, Dahlberg LL, et al. World report on violence and health-World Health Organization. Lancet. 2002;360:1083–8.
42. Buntin JT. Intimate Partner Violence. Int Encycl Soc Behav Sci Second Ed. 2015:685–8.
43. 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.
44. Lebledparle. L’indice de violence à l’égard des femmes est proportionnel à leur condition sociale. 2020. https://www.lebledparle.com/les-chroniques-du-bled/1114795-opinion-l-ind…?
45. Corinne AM. Violence against women in Cameroon: An unchecked phenomenon. 2024. p. 8.
46. Brun D. Data on gender equality in Cameroon. 2019. https://reliefweb.int/sites/reliefweb.int/ files/resources/data_on_gender. Last accessed 16/03/2024.
47. 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.
48. CARE and UN Women. LAC Rapid Gender Analysis for COVID-19. 2020. https://www.care-international.org/files/files/enlac_rga_report_english_final junio2_1comprimido.pdf. Last accessed 16/03/2024.
49. Gqola PM. Rape: A South African Nightmare. Rape: A South African Nightmare. 2016. https://www.amazon.com/Rape-Nightmare-Pumla-Dineo-Gqola/dp/192060152X. Last accessed 16/03/2024.
50. Nana CN, Ngemuah N. op cit. 2021. p. 72.
51. Ibid.
52. 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.
53. See section 296.
