An Investigation to Examine How Children’s Rights to Education Is Protected in Cameroon
Department: Law
No of Pages: 38
Project Code: LL5
References: No
Cost: 5,000XAF Cameroonian
: $15 for International students
ABSTRACT
Children
are human beings below the age of 18 years. They are unique and privileged
since they are a vulnerable group of human beings. Children have human rights
such as the right to education, health and a standard of living.
These
rights have to be respected and protected. The ideas that animated children’s
right movement developed after the Second World War and the atrocities of The
Holocaust. Children are often victims of bad treatment, negative social and
cultural practices, sexual abuse and all forms of economic hazardous
exploitation.
This
research exposes the violations of
children’s right to education as a major
infringement of child rights that needs to be eliminated. Although they are
coming from poor families, some of them have to work. It therefore becomes necessary to investigate
on activities violating children’s rights and possible mechanisms.
This
work adopts the doctrinal research method which is appropriate in law. It
therefore makes use of content analysis. International legal instruments
protecting children’s rights at the international level are discussed in
relation to the various rights of children.
In
Cameroon, international legal instruments have precedence over national
instruments protecting children’s rights to education. These international
legal instruments are ratified and applied with other national instruments
protecting children’s rights, yet, these rights are still violated.
It
is recommended that measures should be taken to intensify the fight against the
violation of children’s rights to education. Cameroon has a good legal framework
for the protection of children’s rights. However, violation of these rights
which are manifested in the various forms only suggests that more is expected
from the government in protecting children’s rights to education.
CHAPTER ONE
GENERAL INTRODUCTION
1.1 BACKGROUND OF STUDY
Education
is both a human right in itself and an indispensable means of realizing other
human rights. As an empowerment right, Education is the primary vehicle by
which economically and socially marginalized adults and children can lift
themselves out of poverty and obtain the means to participate fully in their
communities.
Some
Children due to poor backgrounds turn to join bad gangs made up of thieves,
drug dealers and prostitution as the case may be. Education plays a vital role
in empowering women, safeguarding children from exploitative and hazardous
labour and sexual exploitation, promoting human rights and democracy.
Children
are humans below the age of 18years .In law, they are referred to as minors.
This makes them unique and special in the society. Children have human rights
such as the right to education, health and a good standard of living. Children
are often victims of sexual abuse, child labour which infringes their rights.
Although
section 84 of the labour code stipulates that {a minor of 14years can enter
into a labour contract], some children are being maltreated with either little
or no wages or by forced labour and in uncomfortable conditions.
Many
of the basic ideas that animated children’s rights movement developed in the
aftermath of the second world war and the atrocities of the holocaust that
culminated the adoption of the universal declaration of human rights in Paris
by the united nations general assembly in 1948.
Internationally,
organizations like the United Nations organization, the African charter on the
rights and welfare of the child have all adopted conventions on protecting
children’s right. In November 1989, the United Nations adopted the convention
on the rights of the child and this treaty went into force less than a year in
September 1990.
Africa
then adopted their own convention which was referred to as the African
children’s charter, which was adopted in July 1990 and went into force in
November 1999.we also have the declaration of human rights and welfare.
These
international treaties protect children’s right in Africa. Also, some courts
protect children’s rights such as the African court on human and people’s rights.
This is a continental court established by African countries to ensure the
protection of human rights in Africa.
In Cameroon, international legal instruments
have greater effect on the national instruments protecting children’s rights. These
international legal instruments are ratified and applied with other national
instruments protecting children’s right although these rights are still
violated by some people.
With
the measures taken by the international and national instruments, we hope that
children will be protected from the violations which they face in our country.
Cameroon also has various legislations which protect children’s right and
welfare such as law no.2005/015 of 29 December 2005.
Section
7 of law no.98/004 of 14 April 1998 stipulates that everyone is entitled to
education regardless of sex ,religion ,age, political opinion and social origin
. The government has also created ministerial department responsible for the
rights of children as per decree no.2004/320 of 8 December 2004.
As
the saying goes, {the youths are the leaders of tomorrow} but yet how will
youths become leaders of tomorrow without a good and enriching education? The
government needs to give a listening ear to the dangers affecting children’s
right and provide measures to protect and ensure a better future for the
leaders of tomorrow.
1.2 STATEMENT OF PROBLEM
Over
the years and recently due to the on-going
Anglophone crisis , education in the southwest region of Cameroon in
that schools were force to shut down until today, students had to stay home for
long periods without going to school.
As
a result of the crisis, some students involved themselves into crimes and some
girls became victims of rape. These were
unfortunate circumstances which made children miss out on their studies.
Also
as result of the crisis, some schools were burnt down due to some civil
conflicts which were commenced by some delinquents who had already lost hope in
education and to them the schools signify nothing to them.
This
group of drop outs also threatened some teachers who still tried persistently
to help some devoted students with their studies. Some teachers were caught by
these gangs and some had their fingers cut off, while some even lost their
lives as a result of their resistance.
Also
as a result of this, the number of drop outs increased as some students refuse
to go back to school due to the loss of interest in education cause by some
crimes which they may have engaged in or other reasons like inability to continue
with the school work or inability to complete their school fees.
This
is visible all over the streets in Buea as children between the age of 10-17
are seen doing odd jobs rather than being in classrooms learning. This has
called for concern by the government and international bodies to fight against
the violation of children’s right to education .
Children’s
right to education is not fully protected in Cameroon. Cameroon has a good
primary and secondary education system including higher education system which
has provided significant improvements in educational opportunities for children
such as the opportunity to learn.
Nevertheless,
the Cameroonian education still faces challenges in providing quality education
to all children. Children from poor backgrounds face risk of not attending
schools or being further discriminated in future.
The
Cameroon national commission for human rights and freedoms which is an
enforcement mechanism of violations of children’s right is impeded in its duty
in this respective. Also. This is due to two reasons; firstly, the national
commission for human rights and freedoms is not independent from the
government.
This
is evident for the fact that the government appoints its key personnel and
funds the commission. As a result, it is difficult for the commission to act
against the decisions of the government. Secondly, decisions of the commission
relating to human rights violation are not binding. As such, it does not deter
violation of children’s rights.
1.3 RESEARCH QUESTIONS
The
questions which this research seeks to answer are:
- How is the right of a child to education protected internationally?
- Are children’s rights to education protected in Cameroon?
- Is the protection of children’s right to education in Cameroon compatible with standards in international law?
- What policy recommendations can be made to help Cameroon protect children’s rights to education?
1.4 RESAERCH OBJECTIVES
A) GENERAL OBJECTIVES
This
study seeks to examine the extent to which children rights to education is
protected in Cameroon generally and in the southwest region in particular with
the advent of the socio-political crisis
roughing the region since 2016.
B) SPECIFIC OBJECTIVES
- To examine how the educational rights of children are protected internationally.
- To examine the protection of children’s rights to education in Cameroon.
- To examine if the protection of children’s right to education in Cameroon is compatible with the international standards.
- To examine policy recommendations to fight against the violation of children’s rights to education.
Check out: Law Project Topics with Materials
