CHILD WELFARE AND PARENTING IN CAMEROON LAW . A LEGAL APPRAISAL
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1.1 BACKGROUND OF THE STUDY
Child welfare and parenting are pivotal to societal progress, shaping the physical, emotional, and social development of children, who represent the future of any nation. Globally, child welfare involves laws, policies, and practices designed to protect children’s rights to safety, education, health, and a supportive family environment. The United Nations Convention on the Rights of the Child (UNCRC), adopted in 1989, establishes children’s entitlements to protection, family life, and freedom from abuse or neglect, underscoring the critical role of parenting—whether biological, adoptive, or communal—in realizing these rights. Yet, the application of these principles differs across regions, influenced by legal systems, cultural norms, and economic conditions.
In Africa, child welfare faces distinct challenges stemming from socio-economic inequalities, cultural diversity, and historical factors. Issues such as poverty, child labour, and limited educational access hinder child protection efforts in many sub-Saharan countries. The African Charter on the Rights and Welfare of the Child (ACRWC), adopted in 1990, addresses regional concerns like child marriage and communal caregiving, complementing global standards. However, the success of these frameworks relies heavily on robust domestic legal systems and their compatibility with local practices.
In Cameroon, a nation with a dual legal system blending English common law and French civil law, child welfare and parenting are governed by a mix of statutory provisions, customary norms, and socio-economic realities. The Constitution of 1996 implicitly endorses child protection through its human rights preamble, while laws like the Civil Status Registration Ordinance of 1981 regulate family matters, including adoption and guardianship. The Penal Code criminalizes child trafficking and abuse, and the 2023 Charter on Child Online Protection addresses emerging digital risks. Nevertheless, enforcement is often undermined by cultural practices, such as early marriage in northern regions, and economic challenges, with over 37% of Cameroonians living in poverty, according to the World Bank’s 2023 report.
Cameroon’s bilingual and bijural system presents both opportunities and obstacles for child welfare. In Anglophone regions, common law relies on judicial precedents in family disputes, whereas Francophone regions apply civil law codes, creating inconsistencies.
Customary practices, like fosterage, where children are raised by extended family, sometimes conflict with statutory protections. Although Cameroon has ratified the UNCRC and ACRWC, their integration into domestic law remains incomplete, raising concerns about the effectiveness of child welfare measures. This study critically examines child welfare and parenting under Cameroonian law, focusing on enforcement challenges, legal foundations, measures, obstacles, and solutions for sustainable outcomes.1.2 DELIMITATION OF THE STUDY
Spatial Delimitation: The study focuses on Cameroon, analyzing its domestic legal framework, including the Cameroon Civil Code, Penal Code, and family laws. It considers foreign jurisdictions only in relation to Cameroon, such as in cross-border custody or adoption disputes, and examines Cameroon’s role within African Union frameworks to contextualize regional cooperation.
Temporal Delimitation: The research spans 1990 to 2025, starting with Cameroon’s ratification of the African Charter (1992) and UNCRC (1993), covering recent developments like the 2023 child online protection law, and anticipating reforms, such as potential accession to the Hague Convention. This period captures key legal milestones and emerging transnational challenges.
Thematic Delimitation: The study is limited to child welfare and parenting within Cameroon, focusing on parental child abduction, and recognition of parental rights. It emphasizes the best interests of the child, excluding domestic issues like child labor unless linked to transnational disputes (e.g., trafficking), and considers cultural factors like communal caregiving.
1.3 STATEMENT OF THE PROBLEM
Ensuring child welfare and effective parenting in Cameroon is a pressing issue due to discrepancies between legal frameworks and their enforcement. Despite laws like the Penal Code and the Civil Status Registration Ordinance, children face abuse, neglect, child labour, and educational barriers. A 2022 UNICEF report notes that 43% of Cameroonian children experience violence before age 18, and 29% engage in child labour. Cultural practices, such as early marriage, and systemic issues, like underfunded child protection services and jurisdictional disparities in the dual legal system, exacerbate these problems.
The effectiveness of Cameroon’s legal framework in safeguarding child welfare and parenting is questionable, as enforcement mechanisms lack coordination, and public awareness of child rights is low, especially in rural areas. While international commitments like the UNCRC exist, their domestication into enforceable laws is limited, hindering their impact on parenting and child welfare. This study investigates the effectiveness of Cameroonian law, analyzing the legal basis, measures, enforcement challenges, and potential solutions.
1.4.1 MAIN RESEARCH QUESTIONS
How effective is child welfare and parenting under Cameroonian law?
1.4.1 SPECIFIC RESEARCH QUESTIONS
– What is the legal basis for safeguarding child welfare and parenting under Cameroonian law?
– What are the measures put in place to safeguard child welfare and parenting in Cameroon?
– What are the challenges faced in safeguarding child welfare and parenting in Cameroon?
– What can be done to ensure sustainable child welfare and parenting under Cameroonian law?
1.5 RESEARCH OBJECTIVES
The objective will be divided into two that’s the main objectives and specific objectives.
1.5.1 MAIN RESEARCH OBJECTIVE
To critically examine child welfare and parenting under Cameroonian law.
1.5.2 SPECIFIC RESEARCH OBJECTIVE
– To examine the legal basis for safeguarding child welfare and parenting in Cameroon.
– To analyze the measures implemented to protect child welfare and parenting in Cameroon.
– To identify the challenges hindering effective child welfare and parenting under Cameroonian law.
– To propose solutions for ensuring sustainable child welfare and parenting in Cameroon.
Department | LAW |
Project ID | LL490 |
Price5 | 20000XAF |
| International: $20 | |
No of pages | 99 |
Instruments/method | QUALITATIVE |
Reference | DOCTRINAL |
Analytical tool | YES |
Format | MS word & PDF |
Chapters | 1-5 |
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