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E.
Protection against harmful social and cultural practices that affect the
welfare, dignity, normal growth and development of the child (article 21)
1. Child Marriage and the Betrothal of Girls and Boys (Article 21.2)
In Cameroon, marriage is founded on the free will of a man and woman to join
together as man and wife. The free and solemn consent of the future couple is therefore
crucial to the validity of the marriage. This is a major inclusion in the marriage certificate.
Article 52, paragraph 4 of marriage ordinance 81/02 of 28 June 1981 stipulates that “no
marriage can take place if the future couple does not consent to it”. Cameroonian law is
unequivocal about the importance of consent to marriage, to demonstrate its firm
opposition to forced marriage. Recognizing marriage as a form of emancipation of the
child, legislators have introduced provisions in title VI, chapter III of the above ordinance,
to require the consent of the parent(s), guardian(s) or religious leader(s) for marriage of
children aged 15 for girls and 18 for boys).
This legal instrument, adopted in 1981 prior to ratification of the Children‟s Charter,
is under amendment. The possibility of child marriage and parental consent are absent
from the preliminary draft child protection code. Consent to marriage, which is still one of
the prerogatives of “parental power”, along with the concept of “parental authority over the
person of the child” (Book I, Title IV), will thus disappear with the promulgation of the code
on the protection of children. Parental power is defined as “a set of rights and duties
conferred on the father and mother in the interest of the child”. The father and the mother
have parental authority until the child reaches the age of majority or is declared to be of full
age, the aim being to ensure the child‟s safety, health, morals, education and harmonious
development. The only rights and duties which parents have are those of care, supervision
and education. Thus, the preliminary draft code on the protection of children, simply by
prohibiting the marriage of children, automatically abolishes the right of parents to consent
to such marriages.
While the draft child protection code attempts to harmonize national legislation with
international instruments, it glosses over the existence of early sex, which must be
addressed. Early sex is a fact, which has taken larger proportions with the advent of
commercials on condom use as a means of preventing HIV/AIDS, or its alternative, which
is remaining faithful to one partner. This has caused sexual depravation and immorality
among the youth.
2. Female Genital Mutilation in all Forms (Article 21.1 (a))
The Committee on Female Genital Mutilation (FGM) has observed that the practice
has curtailed considerably in the resistance areas of the Far North, East and South-East.
In 1998, Cameroon prepared and implemented a three-pronged strategic plan to combat
FGM: