CHAPTER ONE

GENERAL INTRODUCTION

This chapter provides evolution of the concept of children’s right in the background to the study, discusses the problem that necessitated the research, the methodology employed, the objectives to be achieved and the significance and justification for the study, amongst others.

• BACKGROUND TO THE STUDY

Despite significant progress in recent decades, millions of children continue to be denied human rights. Children’s lives are now more than ever being impacted by crime, war, and the effects of climate change. Around 800 million children live in vulnerable and conflict-affected areas around the world, where child rights are often denied and childhoods are robbed by neglect, exploitation, and slavery.

We believe that every child deserves a childhood in all of its glory, surrounded by caring families and communities free of abuse, and with the same opportunities as other children. Poverty, exploitation, and abuse do not have to be a part of life. Many of the issues that children face stem from exploitative practices and educational disparities in both developed and emerging societies.

The world’s most disadvantaged children will thrive and achieve their full potential in a safe environment where children’s rights are respected. We are dedicated to fighting for these rights so that children can have a complete childhood.

Simply put, child rights refer to a child’s civil rights. Every child has rights, regardless of age, ethnicity, gender, income, or birthplace.

The Convention on the Rights of the Child enshrines these rights in international law (CRC). It recognizes the importance of treating all children fairly, equally, and with respect. The laws enacted under the Child Rights Convention are nondiscriminatory and always act in the best interests of the child.[1]

The United Nations (UN) children’s rights convention recognizes and defines a child as any human being under the age of 18 years old, unless maturity is reached earlier under the legislation applicable to the child.[2]

The UN’s child rights state that children are entitled to special protection and assistance because they are considered vulnerable. According to the CRC, all children should grow up in the spirit of peace, dignity, tolerance, freedom, equality and solidarity, and all nations have a responsibility to provide these rights by the law of the UN.[3]

The United Nations (UN) convention on children’s rights acknowledges and describes a child as any human being under the age of 18 years old, unless maturity is achieved earlier under the child’s relevant legislation.

Since children are deemed insecure, the UN’s child rights treaties state that they are entitled to special care and assistance. All children should grow up in a spirit of harmony, integrity, tolerance, independence, equality, and solidarity, according to the CRC, and all nations are obligated to provide these rights under UN law.

Following the debilitating psychological and physical effects of twentieth-century world wars on children, the United Nations (UN) agreed that children’s human rights needed special safeguards.

Following World War I, the League of Nations (later to become the United Nations) drafted the Universal Declaration of Human Rights, which included the rights to life, food, shelter, education, freedom of expression and faith, justice, and peace.[4]

Recognizing the vulnerability of girls, the United Nations decided to adopt the Geneva Declaration on Children’s Rights. With only five statements, this declaration was concise, but it outlined a list of obligations for children who were deemed vulnerable.

The Declaration of the Rights of the Child was adopted by the United Nations General Assembly after World War II. This declaration paved the way for the United Nations Convention on the Rights of the Child to be adopted in 1989, making it the first legally binding international document to protect children’s rights.

The International Covenant on Civil and Political Rights for Children is the most widely ratified human rights treaty in history. It lays down the rules.

1. Children should not suffer discrimination.[5]
2. In all decisions affecting children, their best interests should be the main concern.[6]
3. Children have the right to survive and develop healthily.[7]
4. Children have the right to have their views taken into account in matters that affect them.[8]

• STATEMENT OF THE RESEARCH PROBLEM

The protection of children’s rights in Cameroon remains a contentious issue, a situation that persists even after the ratification of the Convention on the Rights of the Child (CRC). Despite international and national commitments, the reality is that the rights of children in Cameroon continue to be violated. This ongoing challenge underscores the necessity of a comprehensive examination and clarification of children’s rights, as well as an evaluation of the protective mechanisms established by various conventions, and the extent to which these rights are being violated within the country.

The CRC, a cornerstone international treaty, outlines a wide range of rights for children, including the right to education, healthcare, and protection from abuse and exploitation. Cameroon’s ratification of this convention was a significant step forward. However, the implementation of these rights has been fraught with challenges. Factors such as socio-economic conditions, cultural practices, and inadequate legal enforcement mechanisms contribute to the continued violation of children’s rights. These violations are not just isolated incidents but are reflective of systemic issues that require urgent attention.

An essential aspect of addressing these challenges is the need to clearly articulate and raise awareness about the rights of children as stipulated by the CRC and other relevant conventions. This clarity is crucial not only for the authorities responsible for the implementation of these rights but also for the general public, including parents, educators, and community leaders. Understanding these rights is the first step towards ensuring their respect and protection.

Furthermore, examining the protection mechanisms laid down by various conventions and national laws is critical. This involves assessing the effectiveness of existing legal frameworks, the efficiency of child protection agencies, and the overall responsiveness of the judicial system to violations of children’s rights. Such an examination can reveal gaps and areas needing improvement, providing a roadmap for strengthening the protection of children’s rights in Cameroon.

Equally important is understanding the degree to which children’s rights are violated in Cameroon. This involves not only quantitative assessments of violations but also a qualitative understanding of their impact on children’s lives. By documenting and analyzing these violations, the study can shed light on the lived experiences of children in Cameroon, offering a more comprehensive understanding of the challenges they face.

• RESEARCH QUESTION

The researcher seeks to answer the following questions which can be categorized under general questions and a set of specific questions.

1.3.1 GENERAL RESEARCH QUESTION

The general question is, is there any legal framework for the protection of the rights of children in Cameroon?

1.3.2 SPECIFIC RESEARCH QUESTIONS

• Who is a child?
• What are the legal framework for the protection of the rights of children under Cameroon criminal law?
• How effective is the protection of the rights of children under Cameroon criminal law?
• What policy recommendations can be made to address this problems raised?

1.4 RESEARCH OBJECTIVE

The objectives are divided into general and specific objectives

1.4.1 General objective

The goal of the research is to critically examine the effectiveness of the protection of the rights of children under Cameroon criminal law.

1.4.2 Specific objectives

• To examine the concept of children under Cameroon criminal law.
• To examine the legal framework for the protection of the rights of children under Cameroon criminal law.
• To assess the effectiveness of the protection of the rights of children under Cameroon criminal law.
• To make policy recommendations that can address the issues that would be raised.

[1] A. Muthoga, “Introducing the African Charter on the Rights and Welfare of the Child”, paper presented at the International Conference of the Rights of a Child, organized by Community Law Centre at the University of Capetown, (1992), p. 123

[2] “Article 1 of the Convention on the Rights of the Child”. Website of the Office of the United Nations High Commissioner for Human Rights (OHCHR). United Nations. 20 November 1989. Assessed 30^th April 2021

[3]  United Nations (2020). “Chapter IV. Human Rights. 11) Convention on the Rights of the Child” in: United Nations Treaty Collection. Depositary. Status of Treaties. Assessed 30^th April 2021

[4] Child Rights Information Network (2008). Convention on the Rights of the Child assessed 30^th April 2021

[5] Article 2 International Covenant on Civil and Political Rights for Children.

[6] Article 3 International Covenant on Civil and Political Rights for Children.

[7] Article 2 International Covenant on Civil and Political Rights for Children.

[8] Article 2 International Covenant on Civil and Political Rights for Children.