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DIVORCE AND CUSTODY AND PATRIARCHAL RELATIONS IN CAMEROON

Project Details

Department
LAW
Project ID
LL385
Price5
10000XAF
International: $20
No of pages
59
Instruments/method
QUALITATIVE
Reference
DOCTRINAL
Analytical tool
YES
Format
 MS word & PDF
Chapters
1-5

2

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ABSTRACT

Divorce custody and patriarchal relations in Cameroon constitute a critical area of study that sheds light on the intricate dynamics of gender, power, and familial structures within the legal framework. This research examines how patriarchal norms influence custody decisions in divorce cases, reflecting broader societal attitudes toward gender roles and parental responsibilities. It aims to explore the implications of these norms on the welfare of children and the rights of divorced parents, particularly women, who often find themselves at a disadvantage in custody disputes.

In Cameroon, the legal framework governing custody after divorce includes both statutory law and customary practices. The Civil Code emphasizes the principle of the best interests of the child, yet the implementation of this principle is frequently complicated by entrenched patriarchal values. This study analyzes how traditional beliefs about gender roles dictate that fathers are often viewed as primary decision-makers, leading to a systemic bias against mothers in custody arrangements. As a result, many women face significant challenges in asserting their rights and securing custody of their children, particularly in cases where fathers contest custody based on their perceived authority.

The research delves into the cultural context of custody disputes, highlighting how societal expectations of masculinity and femininity shape perceptions of parental capabilities. In many communities, men are seen as breadwinners and protectors, while women are often relegated to caregiver roles. This dichotomy not only influences the decisions of family courts but also affects the outcomes of custody cases, often perpetuating cycles of inequality. The study includes qualitative interviews with legal practitioners, social workers, and affected parents to provide insights into the lived experiences of those navigating custody disputes in the context of divorce.

Additionally, the research evaluates the legal recourse available to women seeking custody of their children. It assesses the effectiveness of the judicial system in addressing the biases inherent in custody decisions and identifies the barriers that hinder women from obtaining fair outcomes. Issues such as lack of legal representation, societal stigma, and economic dependency further exacerbate the difficulties faced by women in asserting their rights. The exploration of these factors underscores the need for greater legal reforms that promote gender equality and empower women within the custody process.

In conclusion, the intersection of divorce custody and patriarchal relations in Cameroon reveals a complex landscape marked by challenges and disparities. This study advocates for a multifaceted approach that includes legal reforms, community awareness campaigns, and support systems to address the systemic biases affecting custody decisions. By promoting equitable custody arrangements that prioritize the best interests of the child while recognizing the rights of both parents, Cameroon can move toward a more just and inclusive family law framework. Ultimately, dismantling patriarchal structures within the custody process is essential for advancing gender equality and protecting the welfare of children in divorce situations.

Keywords: Divorce custody, patriarchal relations, Cameroon, gender roles, best interests of the child, family law, legal reforms, inequality.

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