Research Key

ABORTION UNDER CAMEROONIAN LAW

Project Details

Department
LAW
Project ID
L204
Price
5000XAF
International: $20
No of pages
60
Instruments/method
Qualitative
Reference
YES
Analytical tool
Descriptive
Format
 MS Word & PDF
Chapters
1-5

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ABSTRACT

This project is concerned with abortion in the Cameroon criminal justice system. Abortion is prohibited in many countries including Cameroon. The prohibition of abortion differs in  various criminal systems. For instance the prohibition of abortion enshrined in the domestic laws of England differs from that of France. The legal framework for the prohibition of abortion in Cameroon is the Cameroon Penal Code. This code defines offences in Cameroon and provides punishment of these offences. The prohibition of  abortion in this code is found in  section 337. This research  discusses the elements of abortion which are: the actus reus and the mens rea. A person can  be found guilty for the commission of abortion provided  these two elements are satisfied. This research adopts the doctrinal research method which is appropriate in law involving content analysis of primary and secondary sources. As such it is qualitative. The prosecution of abortion in Cameroon as well as other legal systems is subject to certain conditions or better still exceptions. These exceptions are discussed in the research as the defences to abortion. Generally legal system  permits an abortion to be legally performed  to save the life of the woman. This is the situation in South Africa, Nigeria and England. This exception is also enshrined in the Cameroon Penal Code. In Cameroon, the defense to abortion is provided for in section 339 of the Cameroon Penal Code. The  Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa (The Maputo Protocol Right of Women) has occasioned  controversy pertaining to the legalization of abortion. Many argue that this protocol legalizes abortion in Cameroon. There is no doubt that treaties ratified by Cameroon takes precedence over other laws in the land but the argument that the Maputo Protocol legalizes abortion is erroneous. It is averred in this research that the Protocol only reiterates the defences to abortion covered in the Cameroon Penal Code.

 

Keywords: Abortion, Prosecution, Criminal Justice System, Cameroon Pénal Code

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