Content uploaded by Julie Ada
Author content
All content in this area was uploaded by Julie Ada on Aug 07, 2019
Content may be subject to copyright.
Open Access
Review Article
Civil & Legal Sciences
Tchoukou, Civil Legal Sci 2014, 3:3
http://dx.doi.org/10.4172/2169-0170.1000121
Volume 3 • Issue 3 • 1000121
J Civil Legal Sci
ISSN: 2169-0170 JCLS, an open access journal
Introduction
Gender-based violence is a problem that aects millions of girls and
women, cutting across boundaries of culture, religion, socio economic
class, education, age and other diversity. It has been recognized as a
human rights issue that manifests itself in physical, psychological,
social, and cultural forms. is form of violence has been regarded by
many as one of the most pervasive of human rights violations, denying
women and girls’ equality, security, dignity, self-worth, and their right
to enjoy fundamental freedoms. Such violence is highly prevalent
within the family, remains widely socially tolerated and is oen a cycle
of abuse that manifests itself in an endless variety of forms [1]. Various
forms of such violence have been recognized globally, such as female
genital mutilation and forced marriages. However there exists other
form of violence which has been rendered invisible due to silence.
A prominent example includes the understudied practice of breast
ironing.
is article seeks to provide information necessary for a clear
understanding of how, why, where and by whom breast ironing
is practiced and also aims at discussing the history, prevalence,
manifestation and social context of the practice. Furthermore, the fact
that this practice continues to exist despite Cameroon’s ratication of
international and regional human rights treaties raises the question
whether Cameroon has taken adequate measures in protecting the
rights of women and children.
Context
e West African Republic of Cameroon is one of the most
culturally diverse states in Africa and is situated in the gulf of Guinea.
It has an estimated population of 17 million inhabitants and shares
its borders with Nigeria, Chad, Gabon and Central African Republic
[2]. Its population is unevenly divided among over 250 ethnic groups
with eminent languages and cultures that embrace diering trends
and characteristics [3]. Nevertheless, based on cultural similarities, the
ethnic groups can be grouped into the Cameroon Highlanders who
make up 31 per cent; the Equatorial Bantu 19 per cent, the Kirdi 11 per
cent, the Fulani 10 per cent, North western Bantu 8 per cent, Eastern
Nigritic 7 per cent, Other African 13 per cent; and non-African who
constitute less than 1 per cent of the total population [4]. Indigenous
beliefs account for 40 per cent of religious practice in the country and
Christians make up 40 per cent while 20 per cent are Muslims [5].
is nation known as ‘miniature Africa’ as a result of its complex
demographic prole has in recent times been receiving attention due
to a harmful practice imposed on the nation’s girl children, that is,
breast ironing [6]. e term harmful practice denotes all practices
done intentionally on the body or psyche of other human beings for
no therapeutic purpose but instead for cultural or socio-conventional
reasons which have an adverse eect on the health and rights of the
victims [7]. As argued by Kouyate, these practices which usually have
‘irrational’ and vague reasons and also have remote and mysterious
origins, amount to violence against women and have proved rather
dicult to eliminate [8].
Dening Breast Ironing
Breast ironing, usually referred to as another form of mutilation,
is a practice whereby a young girl’s developing breasts are pounded,
pressed or massaged with an object usually heated in a wooden re, to
make them stop developing, grow more slowly or disappear completely
[9]. is is performed on girls between the ages of eight and fourteen
who have started developing breasts. It is usually done by a female
relative close to the victim (mother, aunt, grand mother, sister or
guardian) [10].
e objects used in carrying out this practice vary. ey include
objects such as grinding stones, black fruits, plantain peels, mortar
pestles, coconut shells or hammers, all carefully heated over burning
coals. With these objects, mothers press and iron their daughters
*Corresponding author: Julie Ada Tchoukou, University of Cape Town, South
Africa, Tel: 021 650 5604; E-mail: julie.adatchoukou@uct.ac.za
Received April 15, 2014; Accepted May 08, 2014; Published May 10, 2014
Citation: Tchoukou JA (2014) Introducing the Practice of Breast Ironing as a
Human Rights Issue in Cameroon. J Civil Legal Sci 3: 121. doi:10.4172/2169-
0170.1000121
Copyright: © 2014 Tchoukou JA. This is an open-access article distributed under
the terms of the Creative Commons Attribution License, which permits unrestricted
use, distribution, and reproduction in any medium, provided the original author and
source are credited.
Introducing the Practice of Breast Ironing as a Human Rights Issue in
Cameroon
Julie Ada Tchoukou*
University of Cape Town, South Africa
Abstract
Breast ironing is a form of violence that takes place in certain regions of Cameroon. It is a violent practice which
is forced upon young girls who have just entered puberty, and is mostly performed by mothers on their daughters. It
is one of the most widespread and systematic violations of the universal human rights to personal integrity committed
against the girl child in Cameroon, abusing their physical, sexual and psychological integrity. Cameroon has ratied a
number of international and regional human rights instruments that protect women and girl children from all forms of
violence. However, despite Cameroon’s obligations under international law, this practice continues to be widespread.
This article introduces the practice of breast ironing as a human rights issue, and will look at its history, social
context, prevalence, rationale and consequences. It will discuss and analyse relevant international and African regional
human rights instruments to which Cameroon is a party to and which protects women and girl children from violence.
It will also look at the existing normative framework in Cameroon and examine steps taken to regulate this practice.
Citation: Tchoukou JA (2014) Introducing the Practice of Breast Ironing as a Human Rights Issue in Cameroon. J Civil Legal Sci 3: 121.
doi:10.4172/2169-0170.1000121
Page 2 of 18
Volume 3 • Issue 3 • 1000121
J Civil Legal Sci
ISSN: 2169-0170 JCLS, an open access journal
developing breasts to destroy any indication of emerging womanhood
[11]. e massage could last from one week to several months
depending on how resistant the breasts are and also depending on
how resistant the victim or her body is to the practice. Sometimes, the
heated objects are used twice a day for weeks or months to crush the
budding breast [12].
Ngo’o illustrates the practice carried out using a hot stone from a
qualitative study she conducted in Baa in 2008:
e object is placed on the coals in the replace and when well
heated, it is placed and pressed on the breasts of the girl who has
previously been sleeping on the bed, kept there by one or more than
one individual strong enough to be able to immobilize her during
the operation. It is important to immobilize the girl, otherwise at the
rst contact with the heated stone she could [try to] ee because of
the extreme pain it causes. e massager extracts the tool from the
re, taking care to protect her hands with a towel before pressing and
turning on each breast of the girl…When the stone is not hot enough, it
is replaced in the re and massaging recommences three or four times
each session [13].
By fortuity or design, the methods and tools used for the attening
of breasts are the same used in preparing certain traditional foods [14].
An example includes a grinding stone which is used in Cameroon
to crush hot peppers and other spices into a smooth paste. Tapscott
describes the practice of breast ironing as ‘warming and soening the
tissues of the breast so they could be dispersed or spread at [15].’
From the above it may be inferred that women in Cameroon believe
that the preferred tool used in breast attening can reconstruct breast
tissue in the same way it transforms spices.
Breast ironing was rst publicly written about in 2006 [16]. and
as a result research was conducted by Deutsche Gesellscha für
Internationale Zusammenarbeit (GIZ) in collaboration with Reseau
National des Associations des Tantines (RENATA) in all the ten
regions in Cameroon. e GIZ study is important to any understanding
of this practice. Major ndings of this study include data on prevalence
of the practice by region, female perceptions of puberty and breast
development, who conducts the practice and on whom it is conducted,
tools used, and perceived long and short-term impacts [17].
e study found that on average for Cameroon; approximately,
25% of all girls and women had experienced some form of breast
ironing in their lives, although the prevalence rates dier depending
on location [18]. It also shows that breast ironing was performed most
oen by the girl’s mother (nearly 60% of the time), but also by a nurse
or caretaker, aunt, older sister, grandmother, the girl herself and, in a
minority of cases, by a traditional healer, father, brother, cousin, friend,
or neighbour [19]. Taku however states that most oen men or fathers
are ignorant of what is being done to their daughters since it is usually
done in the kitchen by females [20].
It is important to note that the prevalence rate, method, rationale,
and reported outcomes dier signicantly by region and individual,
and have no denite correlation with socio-economic status, urban or
rural living, religious aliation, or ethnicity [21]. However the GIZ
report states that breast ironing is most prevalent in the Littoral region,
where 53% of women have undergone the practice. e West and
Center regions follow at 31%; the Adamawa region has a prevalence
of 30%, with the Northwest following at 18%, East at 17%, South at
14%, and Southwest at 11%. e North and Extreme North have the
lowest rates at 7% prevalence [22]. e RENATA study also conrms
the above, stating that the practice is more common in the Christian
and Animist South than in the Muslim North.
Although there is no reported reason for a dierence in the
prevalence rate in the various regions of Cameroon, Tap scott argues
that the relatively low rate observed in the North and Extreme North is
due to the higher frequency of early marriage, which in turn removes
the need to maintain illusions of a girl’s youth [23]. e prevalence
of early marriages in this region was further conrmed by the United
States Department of State human rights report on Cameroon [24]. is
in turn implies that the frequency of breast ironing is dependent on the
age at which the girl is to get married. is is because as stated above,
in the North where early marriage is customary, a lesser percentage
of the girls undergo this harmful procedure, while in the South where
marriage takes place later, a larger percentage of the girls endure this
procedure [25]. However, Ngushi is of the view that the reason for the
lower prevalence rate in the North where the population is primarily
Muslim can be attributed to the religious dress code which governs this
group of people, as men are less attracted to girls who are fully covered
[26].
As was stated above, the practice of breast ironing has no correlation
with religion, ethnicity, wealth or formal education. is practice is not
limited to rural areas or poor families where women are perceived to be
uneducated, ignorant or unexposed to women’s equality or children’s
rights, but is also reported to be prevalent in urban areas where
women are more educated and exposed. Tapscott states that wives of
parliamentarians and ministers also iron the breasts of their daughters
without the knowledge of their husbands [27].
Origin of the Practice
e question that arises in respect to the origin of this practice
is whether it is historically part of a particular culture or whether it
is merely a practice that has acquired the status of culture over time.
A further question that arises is whether it is a practice that was
abandoned and is re-emerging or a practice that has been on-going but
is now more visible.
In theory, a distinction has been made between culture as a system
and practices deemed to be culture. Sewell asserts that most theoretical
writings on culture have presumed that the concept of culture as a
system is in conict with the concept of culture as practice [28].
Analysts working in favour of culture as a practice insist that culture
is a ‘sphere of practical activity shot through by will ful action, power
relations, struggle, contradiction and change [29].’ While proponents
in favour of culture as a system argue that culture is a system of norms,
values and social relations [30].
However, I am of the view that culture as a system and culture as
practice should be regarded as one concept. is view is reinforced by
Sewell who argues that culture as a system and culture as a practice
are complementary theories [31]. is is premised on the fact that to
engage in a cultural practice means to use existing cultural norms to
accomplish an end [32]. Hence practice implies system. On the other
hand, a cultural system has no existence apart from the succession of
practices that reproduce or transform it [33]. Hence, system implies
practice.
From this it can be inferred that both concepts are inseparable.
As a result, Sewell argues that the important theoretical question
should not be whether culture should be regarded as practice or as a
system but instead how to conceptualize the expression of system and
Citation: Tchoukou JA (2014) Introducing the Practice of Breast Ironing as a Human Rights Issue in Cameroon. J Civil Legal Sci 3: 121.
doi:10.4172/2169-0170.1000121
Page 3 of 18
Volume 3 • Issue 3 • 1000121
J Civil Legal Sci
ISSN: 2169-0170 JCLS, an open access journal
practice. erefore, I am of the view that the term ‘culture’ in this thesis
encompasses culture as a system of norms and culture as practice.
e inquiry into the origin of breast ironing prompts the question:
what is culture? e term culture has been dened in various ways.
It has been described as a prime source of one’s identity and has also
been regarded as the source of ‘self-denition, expression and sense
of group belonging’ [34]. erefore, culture can be said to indicate a
way of acting, thinking and doing things that is distinctive to a certain
group of persons [35].
Anthropologists generally use the term culture to refer to ‘a society
or a group in which many people live and think in the same way’ [36].
According to this denition, culture includes ‘inherited ideas, beliefs,
values and knowledge which constitute the shared basis of social action’
[37]. erefore, an inherited idea or belief through usage and transfer
to succeeding generations can be regarded as culture.
From the above, it can be argued that for certain beliefs or
behaviours to be viewed as culture, it is not a requirement that it
be deeply embedded and historically be part of a specic culture.
erefore the mere fact that a specic belief is practiced and passed on
from generations to generations can lead to it being regarded as part
of culture.
At this point it is worth noting that for tradition to be passed
down to succeeding generations, it is also not a requirement that such
tradition be in writing. is in turn implies that cultural material and
tradition can be transmitted orally from one generation to another.
Wilson asserts that oral tradition is the process in which history,
stories, religious beliefs are passed on from generation to generation
[38]. She further arms that for the African people, oral tradition is
linked to their way of life, in that it is regarded as the primary means
of conveying culture and attitudes. erefore in this way, it is possible
for a society to transmit oral history, oral law, oral traditions and other
knowledges across generations without a writing system.
Heinge emphasizes that for a material to be regarded as cultural
material or tradition that has been transmitted orally, it is important
that such material be held in common by a group of people over several
generations [39].
It may therefore be argued that the practice of breast ironing is
one which can be regarded as cultural material transmitted orally. is
is premised on the fact that this practice has been held in common
by a group of people over several generations, in that, it is common
amongst all 250 ethnic groups in Cameroon and has been passed on
through generations. As a result, breast ironing can be said to have met
the requirements needed for it to be regarded as a cultural material
transmitted orally. erefore, the absence of written literature does not
diminish the oral traditions that speak at length about this practice.
Regarding the question of whether the practice of breast ironing
can be regarded as culture, it is worth noting that there is currently
no literature on the origin of breast ironing. However, one theory
posits that the practice evolved from the archaic practice of ‘breast
massage’ which is a traditional method used to correct uneven breast
size and shape, and is administered with a heated object, using similar
methods to those used for breast ironing [40]. is ancient practice
was also used to induce the ow of breast milk for a new mother or to
reduce pressure during weaning [41]. In the case of breast massage,
the primary intention is not to crush the mammary gland, but rather
to warm and massage the breast so that the breast milk can be heated
and puried [42]. is ritual of breast massage was practiced by all
250 ethnic groups in Cameroon, in the same way breast ironing is also
practiced by all 250 ethnic groups [43].
Ndonko et al suggests that in recent years Cameroonians may have
revived these longstanding traditional practices of breast shaping and
massage to atten girl’s developing breasts [44]. e practice of breast
massage is being used in a way that is dierent from its original use, in
that the practice was initially done by women on adults to soothe and
massage the breasts with the thought of improving a mother’s breast
milk but this practice has gradually changed and is now inicted upon
24% of Cameroonian girls as young as the age of nine.
e main problem with the revival of this practice is the fact that
previously, the practice of breast massage was performed on adults
capable of making an informed decision and therefore being able
to refuse or give consent to such practice being performed on them
without force or undue inuence. However, the same does not apply
to the practice of breast ironing, in that, it is being inicted on children
who in legal terms are regarded as having limited or no capacity to make
decisions of their own. e decisions of their mothers are imposed on
them regardless of the harmful consequences.
Taku asserts that it is dicult to state exactly when this practice
began or at what point the motivation behind the practice of breast
massage changed [45]. She states that the only evidence as to the history
of this practice is the fact that today’s elderly women also suered this
treatment. However, it is worth noting that, from other research, older
women did not suer breast ironing but the ancient practice of breast
massage [46]. She further argues that this practice is deeply rooted in
custom mainly because mothers who tolerated it were told by their
own mothers that it was done to protect them. As a result mothers
who endured this practice also repeat the gesture to protect their own
daughters. She also argues that breast ironing is merely ‘a vicious circle
that survives through ignorance more than tradition’ [47]. From this,
it can be deduced that there is oral tradition that speaks at length about
this practice.
Tapscott’s nding with regard to the history of this practice
indicates that breast ironing is not an ancient ‘traditional’ practice.
She asserts that this practice became prevalent in Cameroon with
urbanization, in that, women who migrated to cities became concerned
about the safety of their daughters. erefore, the old practice which
was used to soothe and massage the breasts was revived and adapted.
Due to the lack of literature on the history of breast ironing, it is not
clear whether this practice forms part of a specic culture, or whether it
is an old practice that was abandoned and is re-emerging or a practice
that has been ongoing but is now more visible. It may however be
argued that breast ironing although not historically part of a particular
culture, is a practice that has acquired the status of culture over time.
is is similar to the practice of female genital mutilation and certain
beliefs or behaviours which by usage become part of culture. erefore
the absence of written literature exploring the history of this practice
does not imply that there is no oral tradition that attests to the fact that
this practice is in fact part of culture.
Furthermore, culture has been dened as inherited ideas and
beliefs and researchers have noted that customary practices echo
morals and principles held by members of a society for ages oen
crossing generations [48]. erefore all social groups globally have
particular cultural practices and beliefs, some of which are positive and
valuable, while others are detrimental and harmful to a specic group,
such as the girl child [49]. ese harmful traditional practices include
forced marriages, forced feeding of women, female genital mutilation,
Citation: Tchoukou JA (2014) Introducing the Practice of Breast Ironing as a Human Rights Issue in Cameroon. J Civil Legal Sci 3: 121.
doi:10.4172/2169-0170.1000121
Page 4 of 18
Volume 3 • Issue 3 • 1000121
J Civil Legal Sci
ISSN: 2169-0170 JCLS, an open access journal
nutritional taboos and traditional birth practices. From this it can also
be argued that the practice of breast ironing, an inherited belief that
has been passed on from succeeeding generations be regarded as part
of culture.
Eects of Breast Ironing
us far, no medical studies have been conducted nationally on
breast ironing or its long and short term physical and psychological
eects. However research by the U.S. State Department, in its 2010
human rights report on Cameroon reveals that breast ironing exposes
girls to numerous health problems such as abscesses, cyst, itching and
discharge of milk [50]. It further states that there can be permanent
damage to milk ducts, infection, dissymmetry of the breasts, cancer,
breast infections, severe fever, tissue damage and even the complete
disappearance of one or both breasts [51]. Victims of this practice also
end up with marks, wrinkles and black spots on their breasts [52].
Furthermore, according to the GTZ/RENATA survey, breast
ironing was reported to be associated with a plethora of illnesses.
Among them were severe pains, high fever; abscess in the breast/
breasts pimples on and around the breasts nipples, cysts in the breasts,
itching of breasts, severe chest pain, milk infection of breasts as a result
of scarication, one breast being bigger than the other, breasts never
grow bigger and complete disappearance of the breasts. In addition
ten cases of diagnosed breast cancer were identied in women who
underwent breast ironing [53].
It can also be inferred that this practice may lead to a complete
destruction of the breast gland, as conrmed by Dr. Sinou Tchana, a
gynecologist in Yaoundé [54]. She reported numerous cases of edema
resulting in overgrown or swollen breasts, severe wounds, and severe
pain and also reports observing various cases of second degree burns,
one of which required skin gra, and numerous cases of rst degree
burns. Burns are categorized by depth. A rst degree burn is limited to
the outer layer of the skin and takes an estimated period of one week
to heal, while a second degree burn which damages both the outer
layer and the layer beneath takes over three weeks to heal [55]. Burns
can cause swelling, blistering, scarring and in serious cases may lead
to shock or even death. ey can also lead to infections because they
damage the skin’s protective barrier [56].
Apart from the above mentioned physical impact of breast
ironing on the girl child, many girls also suer emotional distress
aer experiencing breast ironing. Females are exposed to body image
related issues like low self-esteem that may aect them in their career,
education and public or social aairs due to missing of one (breast
dissymmetry) or both breasts. It may also be inferred that this practice
has harmful psychological eects, as it gives a girl the impression that
she should not have breasts, which may result in anxiety, shame and
frustration when the breasts develops at a later stage [57]. Furthermore,
it could result in depression or lead to withdrawal, in the sense that
the child decides to close herself o from the outside world for fear of
rejection [58]. From this, it can be inferred that, in cases where breast
ironing completely destroys the girl’s breasts, she is likely to become a
social pariah or outcast and lose her self-condence.
Rationale for the Practice
With all the medical consequences stated above, the question that
arises is why do a quarter of Cameroonian girls have to experience this
torturous practice?
Societal factors
e most cited motivation for the resurgence of this practice is the
improved diets that have resulted in young Cameroonian girls going
through puberty at a young age. While the average age of marriage
has increased, the age of puberty has decreased and this change has
been credited by doctors to improved nutrition and health [59]. As
a result mothers believe breast ironing to be an ecient means of
protecting the girl from sexual harassment, rape and voluntary sexual
activity. Furthermore, women justify this practice by arguing that it is
needed to prevent men from pursuing their daughters too soon and
to prevent early pregnancies that could tarnish the family name [60].
Consequently, mothers aim at delaying pregnancy by removing signs
of puberty as the girls are thought to no longer be sexually attractive
to men.
Changing marriage practices
Customarily, females are married in their childhood without
consent to much older men, resulting in early marriages, polygyny is
common, women lack control over the matrimonial property regime,
divorces are unequal and the practice of bride wealth discourages a
spouse from leaving her marriage [61]. ese traditional marriage
practices in Cameroon indicates how young women lack control over
when they will get married [62]. is in turn leads to girls gaining the
responsibility of a wife and mother but losing the opportunity to obtain
skills and knowledge that might foster independence later in their lives.
Tapscott argues that while the number of children and husband’s socio
economic situation determines his social status in Cameroon, females
on the other hand have little or no control over the commencement,
duration or the end of matrimonial unions. ese customs and
practices make females reliant on males, but also grant them protection
and recognition as members of their father’s families and husband’s
household.
Traditionally, Cameroonian girls were married once they
experience their rst menstrual period which usually occurs during
puberty, or once they are promised for marriage during infancy [63].
ese practices made pre-marital pregnancy less common. However,
in recent times, there has been a shi in the average age of marriage. In
1976, 44.53% of women between 15 and 19 years of age were married,
and this ratio has decreased virtually 10% each decade to a rate of 19.4%
in 2004 [64].
Furthermore, traditionally, if a girl did experience pre-marital
pregnancy, society would oblige the man to marry her. is custom
although not benecial to women and girls, indirectly addressed the
incidence of teenage pregnancies. However, in recent times, these
norms have begun to change. is is because most local communities
in Cameroon are beginning to dissolve and the cities are continuously
expanding with immigrants, therefore, while certain traditional social
norms endure, for example, men seeking chaste and virginal wives, other
norms deteriorate, for example, a man’s obligation to marry a woman
whom he has impregnated. erefore, in the absence of customary law,
men are no longer held responsible for philandering behaviour [65].
ey are no longer obliged to marry a woman merely because she was
impregnated. Researchers have noted that this accountability gap may
have arisen as a result of urbanization. Others argue that this lack of
accountability may be a matter of practicality [66]. is is because in a
busy city it would be challenging to identify the man who is responsible
for impregnating a woman, unless he chooses to come forward and
in the case where such perpetrator is identied, the law enforcement
mechanisms are lacking.
Citation: Tchoukou JA (2014) Introducing the Practice of Breast Ironing as a Human Rights Issue in Cameroon. J Civil Legal Sci 3: 121.
doi:10.4172/2169-0170.1000121
Page 5 of 18
Volume 3 • Issue 3 • 1000121
J Civil Legal Sci
ISSN: 2169-0170 JCLS, an open access journal
Polygyny is legal in Cameroon and it has strong traditional roots.
e government sanctions polygyny, arguing that recognized unions
safeguard women and their children by increasing transparency as well
as women’s rights to claim maintenance, and thereby increasing the
possibility of equal wealth distribution amid wives and mistresses [67].
In addition, polygyny is contracted by most men for many reasons;
including wealth and status and most women enter into polygamous
unions for economic reasons [68]. It can therefore be argued that the
Cameroonian government’s endorsement of polygyny as a form of
social security measure for women signies the government’s weak
stand on promoting and protecting women’s independence [69].
From the views articulated above on the role of polygyny, age of
marriage and pre-marital pregnancy, it can be inferred that changing
norms surrounding marriage pose new risks for girls in Cameroon.
Sexuality perspective
Tapscott argues that in practice, girls in Cameroon oen submit
to men’s persistent and aggressive proposition. She attributes this to
the unequal power relations between men and women, as both age and
gender dynamics places girls at a major disadvantage when relating
to men [70]. Breast ironing in its current form may have escalated as
a response to a growing social need to discourage pre-marital sexual
activity. Breasts indicate physical and sexual maturity; hence, a girl who
is well developed is more likely to attract sexual attention from men.
is is largely because many Cameroonian men believe that when a
girl is physically mature, she is ‘ripe’ for sex and they harbour the belief
that when a girl’s breast grows, it reects her psychological interests,
as argued by Tapscott [71]. As a result, Cameroonian women have
the perception that the development of the girl should be delayed as
much as possible, believing that her physical development shows her
maturity and endangers her.
Protective measures
It can be argued that mothers use this harmful procedure as a
protective mechanism for their daughters and are not completely
unjustied in their fears. Rape is a notable concern for girls in
Cameroon. A 2009 report from GIZ found that reported rates of
rape have escalated since 1970, with the average age of rape victims
at 15years [72]. A further study found that 37 percent of females and
30 percent of males disclosed that their rst sexual encounter was not
voluntary [73].
e law criminalizes rape, excluding spousal rape. However, since
the police and the courts rarely investigate and prosecute rape cases, it
is estimated that only one in 20 accused male rapists is convicted [74].
Cameroon’s Penal Code addresses sentences for perpetrators of rape. It
states that ‘there will be no oence considered where marriage is freely
consented between the rapist and the victim where the victim is over
puberty at the time of commission of the oence [75].’ In practice, this
means that the rapist will be absolved of all liability when he marries
the rape victim. is in turn undermines the victim’s right of access to
justice and accountability.
Akenji further asserts that in Cameroon, rape cases are the most
under reported due to the stigma and shame together with the culture
of the people and the tendency of prolonged judicial proceedings
[76]. e GIZ, in collaboration with local NGOs, launched a national
campaign against rape. e campaign followed the release of a study
that reported the rapes of hundreds of thousands of young girls and
women between 1970 and 2008 [77].
Social and cultural realities
Further limiting options for females in Cameroon is the fact
that they lack control over their sexual and reproductive rights. In
Cameroon, discussions and education about sex is culturally taboo,
contraceptives are socially ostracized and abortion is deemed illegal
[78]. Tapscott argues that these social and cultural realities tend to
heighten the dangers associated with sexual activity. ey can lead to
an increased risk of contracting sexually transmitted diseases and also
a greater probability of pregnancy.
She further arms that most parents assign the provision of sex
education to the public school system. Sex education in public schools
has improved considerably over the past decade, nonetheless the
quality of such education is still unreliable. is is because, even though
the topics of ‘HIV/AIDS’, ‘STIs’ and ‘sex education’ are incorporated
in the Cameroon’s national syllabus for primary schools, there is no
detailed curriculum on what material must be taught [79]. Teachers
are therefore given the discretion on what to teach. Whereas some
teachers take such lessons seriously, others are reluctant and unwilling
to discuss sex education [80]. As a result, many girls learn about sex
from personal experience [81].
In addition, parents seldom discuss sex with their children, and
if they do, the details are discussed in vague terms [82]. Chastity and
virginity are highly valued in Cameroon, and both sex and puberty are
taboo topics of conversation. Such values tend to strengthen the social
norms that encourage the practice of breast ironing. is is largely
because mothers endeavor to protect their daughters from becoming
‘ruined’ or ‘spoiled’ but feel unable to provide girls with information
that might help them make reasoned decisions about sex [83].
A further explanation behind the practice of breast ironing is
the cultural perception of mothers in Cameroon. It is believed that
a mother’s inability to raise a pious daughter leads to a daughter’s
delinquent conduct, which then disgraces the family. erefore, the
damage to one girl’s reputation can hurt the prospects of other girls in
the family [84]. Furthermore, parents are unable to educate their girls
about sex because of cultural and religious taboos; they cannot prevent
girls from meeting boys, cannot hold boys accountable for sexual
activity and also cannot provide girls with options for birth control or
abortion [85].
erefore, due to such cultural and religious perceptions,
insucient sex education at home and in schools, poor access to and
stigma linked to contraception, no options for legal or safe abortion
results in sexual intercourse oen leading to pregnancy. is in turn
leaves mothers with few choices. eir prime concern becomes to
protect their daughter from sexual abuse, protect their virginity both
to ensure a good marriage and also to allow the girl to pursue her
education.
It is apparent that the breast ironing phenomena is controlled by
adult women with girls subjected to this violation having no power
to refuse or resist. Mothers see it as addressing an indirect cause of
early pregnancy and child bearing. erefore, breast ironing can be
understood as a way for mothers and caretakers to attempt to enhance
and to promote the girl child’s future success and that of her family,
as well as options for education and a better marriage [86]. While the
practice is harmful, the mothers’ and caretakers’ motivations are to
protect their girls.
From the above it can be argued that many mothers perform
this practice in order to prevent sexual activity rather than following
Citation: Tchoukou JA (2014) Introducing the Practice of Breast Ironing as a Human Rights Issue in Cameroon. J Civil Legal Sci 3: 121.
doi:10.4172/2169-0170.1000121
Page 6 of 18
Volume 3 • Issue 3 • 1000121
J Civil Legal Sci
ISSN: 2169-0170 JCLS, an open access journal
tradition, although others also argue that this practice is primarily about
controlling sexuality [87]. erefore, apart from being historically
rooted in their culture, breast ironing is justied by Cameroonian
women for many reasons, which includes being used to avoid sexual
contact between boys and girls. ey are of the belief that by preventing
girls’ bodies from the sign of emerging sexuality; they remain virginal
and pure and are prevented from being potential mothers.
Like female genital mutilation, breast ironing not only violates girl’s
fundamental right to bodily integrity and good health but also infringes
on their rights to be free from all forms of violence. Notwithstanding the
prevalence of this practice, this violent approach has failed to impede
an epidemic of pre-marital pregnancies. According to local health care
workers, the rate of teenage pregnancies has risen to approximately 30
percent of births [88]. As a result it can be argued that this practice
which is not only physically agonizing and detrimental to health has
also proven to be futile in deterring teenage sexual activity.
International Human Rights Law and Breast Ironing
e United Nations (UN) has made clear that violence against
women and girls is a violation of basic human rights [89]. It has
promulgated treaties, recommendations and declarations that directly
address the rights of women and girls and has also outlined government
obligations to protect these rights.
A number of international human rights instruments provide the
basis for the legal status of the right to be free from all forms of violence.
ese international human rights treaties dene the norms and set the
standards for protection of the girl child against violence. Protection in
this case incorporates all activities intended at procuring respect for the
rights of the girl child in accordance with the letter and the spirit of the
relevant international human rights instruments.
International human rights instruments create binding obligations
for States that have ratied them to give eect to them. erefore treaty
responsibility arises when States assume membership in international
human rights conventions [90]. Existing international and regional
instruments call for the protection of children from all forms of
violence in both public and private spheres and call upon States to take
measures to secure their prevention and elimination. To achieve this
goal, States are required to adopt all necessary legislative and other
measures, and to ensure that such measures have full force and eect
within their domestic legal system.
Cameroon has ratied all the international and African regional
legal instruments relating to the protection of the girl child from
violence. ese fundamental documents outlining the protection
of the girl child against violence under the UN system and regional
human rights system will be discussed in this chapter. It is worth
noting that protection from violence which has been echoed in various
international legal instruments is made visible in the form of dierent
rights. ese includes rights such as the right to dignity, the right to life,
the right to health, the right to be free from torture and the right not to
be subjected to harmful traditional practices.
Violence against children: related treaties and declarations
Global Human Rights Instruments: All UN treaties guarantee the
same rights to women and men, which by implication includes children.
e right of the girl child to be free from all forms of violence is a
component of various other rights which has been recognized in major
human rights treaties some of which are of general application. ese
treaties include the core documents which make up the international
bill of human rights, which include the human rights provisions of
the UN Charter, the UDHR, the International Covenant on Civil and
Political Rights (ICCPR) and the International Covenant on Economic,
Social and Cultural Rights (ICESCR).
e UN Charter, which is the founding document of the United
Nations, compasses provisions signicant to international human
rights. Although it does not contain any direct provision relating to
children’s rights, it however sets out its purposes and principles. e
purposes highlighted in the UN Charter are ‘the observance of human
rights and fundamental freedoms of all without distinction to race,
sex, language or religion’ [91]. Furthermore, the UN Charter requires
State parties to ‘pledge themselves to take joint and separate action in
cooperation with the Organization for the achievement of the purposes
set forth in Article 55’ [92]. From this, it can be argued that Member
States, of which Cameroon is one, are required to take action to attain
a complete observance of human rights and fundamental freedoms for
all.
Furthermore, in the preamble of the UN Charter there is a provision
to ‘rearm faith in fundamental human rights’ [93]. is notion of
fundamentality has also been reiterated in various other conventions,
such as the European Convention on Human Rights and Fundamental
Freedoms. Van Beuren argues that at the very least this concept of
fundamentality embraces rights which are viewed as inalienable and
may not be derogated from by States, such as freedom from torture
[94]. She further argues that by inference these privileges must equally
be applicable to all children and does not give rise to questions such as
maturity or capacity.
Similarly, the UDHR proclaims a list of fundamental human rights
which apply to all human beings and by implication also applies to
children [95]. One basic principle laid in the UDHR is that all human
beings are born free and equal in dignity and rights [96]. is in turn
implies that human rights such as the right to life and the right to dignity
are inherent and indisputable in human beings simply by reason of
their being human. e UDHR although not a treaty is argued to have
been explicitly adopted for the purpose of dening the meaning of the
words ‘fundamental freedoms’ and ‘human rights’ appearing in the UN
Charter, which is binding on all member states [97]. For this reason
the UDHR is a fundamental constitutive document of the UN. is
document is also binding on all States, in that it is regarded as forming
part of customary international law.
e UDHR which is arguably the most prominent and fundamental
UN human rights instrument also provides a general foundation for
the protection of the girl child from all harmful traditional practices.
is is evident in Article 3 which states that ‘everyone has the right to
life, liberty and security of person’. It also states that ‘no one shall be
subjected to torture or to cruel, inhumane or degrading treatment or
punishment’. Further, Article 25 provides that ‘childhood is entitled to
special care and assistance’ [98]. is in turn shows that the right of the
girl child to be free from all forms of violence is one which is protected
by the UDHR.
e ICESCR to which Cameroon is a party contains such basic
guarantees as the right to the highest attainable standard of physical and
mental health. is covenant further applies to all ‘men and women’
and therefore by implication applies to children. It may however be
argued that simply because an international instrument is capable of
being applied to children does not automatically imply that it contains
a clear child-centered approach setting out all rights that are essential
to safeguard the basic dignity of children [99].
Citation: Tchoukou JA (2014) Introducing the Practice of Breast Ironing as a Human Rights Issue in Cameroon. J Civil Legal Sci 3: 121.
doi:10.4172/2169-0170.1000121
Page 7 of 18
Volume 3 • Issue 3 • 1000121
J Civil Legal Sci
ISSN: 2169-0170 JCLS, an open access journal
e preamble of the Covenant acknowledges that human
rights ‘derive from the inherent dignity of the person’ [100]. It also
establishes the indivisibility of rights, recognizing that all human rights
are interlinked and of equal importance. It does this by stating that
human beings can only enjoy freedom from fear and want provided
that everybody is able to enjoy all rights. e document makes specic
reference to children in Articles 10 and 12. Although these provisions
do not appear to be applicable to the child’s right to be free from
violence, it does not mean that this document is irrelevant for this
discussion. is is largely because although not explicitly protected
from violence, an inference can be made from the article which states
that ‘State Parties recognize the right of everyone to the enjoyment of
the highest attainable standard of physical and mental health’ [101].
is specic provision was further expanded upon by the Committee
on Economic, Social and Cultural Rights in its General Comment No.
14. It provides that the right to health is closely connected and reliant
on the realization of other human rights such as the right to human
dignity, the prohibition against torture and the right to life [102]. It
further states that the right to health includes the freedom to control
one’s body and the right to be free from interference such as the right
to be free from torture [103]. erefore the right of children to be free
from all forms of violence is one which can be incorporated and read
into other rights.
e Covenant further places an obligation on States to ‘implement
all the rights in the covenant by taking steps to the maximum of their
available resources to achieve progressively the full realization of
economic, social and cultural rights’ [104]. Cameroon has a duty to
fulll the objects and purposes of the ICESCR, which in turn includes
taking steps to protect children against the practice of breast ironing.
erefore the responsibility to attain the full realization of these rights
is an essential aspect of States’ obligations.
e ICCPR complements the ICESCR and children are entitled to
benet from all applicable rights contained in this covenant. is is
because Article 2 states that the Covenant applies to all human beings,
therefore by necessity applies to children as well. e ICCPR also
contains a prohibition against all forms of ‘torture, or cruel, inhuman
or degrading treatment’ [105]. It further states that everyone has the
‘right to liberty and security of person’ and ‘every child shall…have the
right to such measures of protection as are required by his status as a
minor, on the part of his family, society and state’ [106] erefore, by
virtue of article 24, girl children in Cameroon are entitled to special
measures of protection from the family, society and the State.
From the above, it can be seen that basic human rights instruments
generally recognize the right of all human beings including children to
be protected from violence. erefore, children also enjoy protection
by way of general human rights provisions and their relevance should
not be underestimated.
Human rights instruments specic to the rights of the child
e 1924 and 1959 Declaration of the Rights of the Child: e
1924 Declaration of the Rights of the Child was the rst international
instrument to be adopted pertaining to the rights of the child. is
Declaration established the claim that ‘mankind owes to the child the
best it has to give’ [107] and this debt is also reiterated in the subsequent
Declaration and the CRC. Although this Declaration may be dismissed
on the grounds that children were viewed as passive recipients and
objects of international law, it however remains important because
it recognized internationally the idea of children’s rights, thus laying
the foundation for future international standard setting in the eld of
children’s rights [108].
A second Declaration on the Rights of the Child was proclaimed by
the UN General Assembly in 1959. is Declaration set out principles
intended to provide special safeguards and care for children. is can
be seen in Article 2 which provides that special protection be aorded to
children to enable them to develop physically in a healthy and normal
manner [109]. From this we can see that this Declaration embodied an
advancement in the conceptual thinking of children’s rights. Although
the Declaration may also be dismissed on a number of grounds, it is
however noteworthy in the sense that, children were no longer regarded
as mere objects of international law but as subjects acknowledged as
being able to benet from specic rights and freedoms [110].
Despite the fact that Cameroon was not a party to the above
mentioned Declarations, they however remain signicant as
they contend the view that the rights of a child is a new concept in
international human rights law.
e CEDAW and CAT: CEDAW has been described as the
international bill of rights for women and the term ‘women’ refers
to women of all ages, including girl children [111]. is Convention
represents a clear consensus that violence against women constitutes
a violation of their rights and fundamental freedoms. e Committee
on the Elimination of Discrimination against Women in its General
Recommendation 19 asserts that violence against women is a form of
discrimination against women as set out in Article 1 of the Convention
[112]. It states that discrimination in this case ‘includes gender-based
violence, that is, violence that is directed against a woman because she
is a woman or that aects women disproportionately and it includes
acts that inict physical, mental or sexual harm or suering…’ [113].
e Committee also arms that certain traditional practices preserved
by culture and traditions are detrimental to the health of women and
children [114]. It can be deduced that these include practices such as
female genital mutilation, forced feeding and breast ironing.
CEDAW requires States amongst others to ‘take all appropriate
measures, including legislation, to modify or abolish existing laws,
regulations, customs and practices which constitute discrimination
against women’ [115]. e Committee in addition to these obligations
recommends that ‘Member States should identify the nature and extent
of attitudes, customs and practices that perpetuate violence against
women and take eective measures to overcome such violence’ [116].
is in turn places an obligation on Cameroon to take steps towards the
elimination of the cultural practice of breast ironing which constitutes
a form of gender based violence inicted on girl children.
CAT proscribes torture. e Convention denes torture as ‘any
act by which severe pain or suering, whether physical or mental
is intentionally inicted on a person . . . for any reason based on
discrimination of any kind, when such pain or suering is inicted by
or at the instigation of or with the consent or acquiescence of a public
ocial or other person acting in an ocial capacity’ [117]. From this
denition, it may be argued that the practice of breast ironing does
not constitute torture. is is largely because the denition of torture
requires that such act be performed by someone acting in an ocial
capacity. is in turn means that where such act is performed by
private individuals without the consent of a public ocial, such act
will not be regarded as torture for the purposes of CAT. Despite the
above, women’s rights advocates have also argued that violence against
women, such as breast ironing, contravenes CAT when the government
fails to deter such violence from taking place and does not prosecute or
Citation: Tchoukou JA (2014) Introducing the Practice of Breast Ironing as a Human Rights Issue in Cameroon. J Civil Legal Sci 3: 121.
doi:10.4172/2169-0170.1000121
Page 8 of 18
Volume 3 • Issue 3 • 1000121
J Civil Legal Sci
ISSN: 2169-0170 JCLS, an open access journal
punish perpetrators of the violence [118]. erefore, it may be argued
that the practice of breast ironing constitutes torture for the purposes
of CAT.
Furthermore, CAT requires Member States to ‘take eective
legislative, administrative, judicial or other measures to prevent acts
of torture in any territory under its jurisdiction’ [119]. erefore
Cameroon is required to take measures to end and criminalize the
practice of breast ironing within its jurisdiction as this act amounts to
torture.
e CRC: e CRC is regarded as the most comprehensive
document on children’s rights and the most extensively ratied human
rights instrument [120]. It also forms the international foundation
for the protection and promotion of human rights and fundamental
freedoms of all children. Furthermore, it has created new rights for
children which previously did not exist in international law.
e Convention represents an international consensus on the
rights of children to be brought up in the spirit of peace, dignity,
security, equality, freedom and tolerance [121]. e common overall
classication of the rights in the Convention is regarded as the four Ps,
which stands for provision, protection, participation and prevention
rights [122]. Of particular importance to this thesis is the protection
and prevention right. ese rights are aimed at protecting children
from harmful traditional practices and preventing them from being
exposed to such acts.
Furthermore, although the Articles of the CRC are interrelated,
the Committee on the Rights of the Child has however identied four
general principles which are essential to the implementation of the
Convention. ese principles are non-discrimination, [123] the best
interests of the child,[124] the right to life, survival and development,
[125] and the respect for the views of the child [126]. is section
will entail a discussion on the best interest principle, the right to life
survival and development and the respect for the views of the child as
they are of particular importance in analyzing Cameroon’s obligations
in protecting its girl children from the practice of breast ironing.
e idea that society should respect the best interests of the child
is seen as fundamental in all cultures [127]. Mahery asserts that the
CRC is not responsible for discovering the best interest principle. She
arms that this principle was also recognized in the 1959 Declaration
which stated that ‘the best interests of the child shall be the paramount
consideration’ in the enactment of laws relating to children, as well as
‘the guiding principle of those responsible for the child’s education
and guidance’ [128]. Furthermore, several international human
rights instruments have also recognized this principle. One of them is
CEDAW [129].
However, the CRC transforms this principle beyond its initial scope
by providing a broad framework for determining the best interests of
children. It does this by extending the principle to cover all actions
aecting the child. e best interests of the child shall now be a primary
consideration in all actions concerning children – not just actions taken
by State authorities, parliamentary assemblies and judicial bodies but
also those taken by relevant private institutions.
is principle contained in various articles in the Convention
has also been developed by the Committee in its General Comments.
e Committee explains that the best interest of the child should be
applied systematically when considering children’s rights and interests
[130]. erefore whenever decisions are being taken which may have a
bearing on the child, the best interest of the child has to be taken into
account at all stages. is applies to the family as well as to state action
[131].
Academics have analyzed this principle and there have been heated
debates as to its meaning as contained in Article 3. Hammarberg
asserts that this article has been criticized as being vague and general.
Other academics raise the argument that the best interest of the child
is dependent on the particular culture, era and development stages of
the country [132]. Although the Convention does not provide a clear
denition of this concept, it however provides a normative framework
for its application. Article 3 is one of the general provisions of the CRC
and therefore should be used in interpreting other provisions in the
Convention. e other substantive provisions of the CRC give a clear
direction and limits on how children should and should not be treated.
For example, Article 19 places an obligation on States to protect
the child from all forms of physical or mental violence, abuse, neglect,
and injury. erefore, it will not be in the best interest of the child to
be exposed to such forms of violence. Furthermore, throughout the
Convention there is an appreciation and respect for the religious and
cultural life of children, however the Convention also obligates States
to take measures to eliminate traditional practices harmful to the health
of the child [133]. Article 37 also guarantees children’s rights not to be
subjected to torture or other cruel, inhuman or degrading treatment.
From this it can be argued that the denition of what is indeed in the
best interests of the child is embedded in the Articles of the Convention
itself.
Governments and individuals have used the best interest principle
as a defense for certain violations of children’s rights. Any overview of
the history of adult treatment of children shows the extent to which
adults have frequently acted towards children, under the guise of their
best interests, in ways which have been harmful- such as using physical
and humiliating punishments and imposing female genital mutilation
[134]. ese have all been defended to be acceptable and benecial to
children. Breast ironing has also been defended by mothers with the
argument that it protects them from sexual harassment and is therefore
for their own good in the long run. Such actions are not a genuine
concern for the children’s interests as they have no support in the CRC.
Furthermore, the best interest principle does not trump other rights
contained in the CRC and for that reason should not be used to override
the child’s right to express views [135]. erefore the child’s views must
be an essential part in deciding what is in the child’s best interests. is
concept of respecting the views of the child is one which also entails
a respect for the evolving capacities of a child [136]. is principle
is contained in Article 5 which states that ‘direction and guidance,
provided by parents or others with responsibility for the child, must
take account of the capacities of the child to exercise rights on his or
her own behalf’ [137]. Lansdown asserts that this principle has intense
implications for the human rights of the child [138]. is principle
recognizes that as children attain greater capabilities there is a reduced
need for adult direction and a greater capacity to be accountable for
their actions [139]. e Convention further recognizes that children
from diverse backgrounds and cultures who are confronted with
dierent life experiences will acquire competencies at dierent stages
[140]. It also allows for the fact that children’s abilities may vary
depending on the nature of the rights that have been infringed [141].
As stated above, there is a relationship between the principle of
evolving capacities of a child and the concept of respect for the views
of the child enumerated in Article 12. is concept enforces the
individual autonomy of children which has been emphasized in various
Citation: Tchoukou JA (2014) Introducing the Practice of Breast Ironing as a Human Rights Issue in Cameroon. J Civil Legal Sci 3: 121.
doi:10.4172/2169-0170.1000121
Page 9 of 18
Volume 3 • Issue 3 • 1000121
J Civil Legal Sci
ISSN: 2169-0170 JCLS, an open access journal
provisions of the Convention. is Article obliges States to ensure that
‘children who are capable of forming their own views are given the
right to express those views freely in all matters aecting them’ [142].
is serves as an appreciation of children as ‘active agents’, entitled to
participate in decisions aecting them [143].
However, despite these provisions, it remains dicult to ascertain
what is actually meant by ‘participation’ in the context of children’s
rights [144]. Lansdown asserts that children especially girls, younger
children and those with disabilities are frequently deprived of the
chance to express their views [145]. He also states that a free expression
of views will lead to a world whereby adults begin to acknowledge the
need to listen and respect children. It is worth noting that this right
guaranteed to children is to be carried out ‘in all matters aecting
them’. Most facets of decision making ranging from family to the State
to international level are likely to have an impact on children and
therefore may be regarded as ‘legitimate matters of concern’ [146].
Furthermore, the CRC requires that due weight be given to such
views in accordance with the age of maturity of the child. is implies
that it is not enough to listen to the child but such opinions must be
accorded serious thought when making decisions aecting the child. By
requiring that age and maturity be taken into account, the Convention
makes it clear that age is not a sole dening factor and therefore should
not be used as a limitation to the views of the child [147]. Lansdown
asserts that ‘children’s level of understanding is not uniformly linked
to age, information, experience, social and cultural expectations and
levels of support’ and that all these factors are instrumental to the
development of children’s capacities [148]. It is therefore important
to examine the environment or setting in which a child develops.
Furthermore, research has shown that adults regularly undermine
the capacities of children to express their views in decisions aecting
them but are more likely to recognize such capacities when it involves
the child taking on high levels of social and economic responsibilities
[149].
It has been established that the practice of breast ironing is
performed on girls between ages eight and fourteen. It is worth noting
that there is a variability of children’s responsibilities in Cameroon,
inuenced largely by culture and the economic activities of adults.
However, taking these factors into account, it may be argued that a
number of children in Cameroon are required to be alert and active
at a very young age. is is premised on the fact that Nsagha asserts
that in Cameroon, parents are oen unable to cater for their children
due their socio-economic situation and also a number of other factors
including the rapid increase in the rate of HIV resulting in death of
parents [150]. ese factors results in children as young as 10years
taking up adult responsibilities of decision making, care of siblings,
cooking and carrying out various household chores [151]. From this
it may be implied that due to the context in which most children are
brought up in Cameroon, children who are subjected to the practice
of breast ironing may be considered to have acquired the necessary
capacity to make certain decisions. Furthermore, since the child’s
abilities may vary depending on the nature of rights being infringed,
in the case of breast ironing, the rights being infringed are basic rights
which do not require a child with high level of capabilities to recognize
that such infringement is prejudicial to her health and body.
It is worth noting that the Convention does not conne the ways
in which the views of the child can be expressed. Lansdown asserts
that such views are not limited to formal language but can also be
in the form of emotions, painting, drawing, and singing. He further
states that there should be no age limit on the right to participation;
therefore children with learning diculties, even babies are capable
of expressing their opinions. From this it can be argued that children
between the ages of eight and fourteen are capable of expressing their
views. Furthermore, since these views are not required to be formal,
gestures made by the child should be a sucient way of expressing such
views. erefore, the fact that a child whose breasts are in the process
of being ironed screams or attempts escaping should be regarded as
having expressed her views with regard to that practice.
It is however important to note that this principle does not
necessarily mean that the child can take complete responsibility for
every decision concerning him/her. e spirit of Article 12 is rather
to ensure consultation and growing participation than to relinquish
all power to the child [152]. For the best interests of the child to be
determined, it is vital that the child himself/herself be heard. With
increased age and maturity, children should be able to inuence
decisions that aect their lives.
It is my inference that the child’s right to be free from all forms
of violence is inextricably linked to the right to life, survival and
development. is latter right is one that forms the basis of the
Convention. Article 6 requires every ‘Member State to ensure, to the
maximum extent possible, the survival and development of the child’
[153] by, inter alia, providing access to health care and education,
and by protecting the child from abuse. Mahery is of the view that the
right to survival includes all measures taken to guarantee the healthy
development of the child [154]. e Committee on the Rights of the
Child explains that ‘development should be looked at in the broadest
sense, embracing the child’s physical, mental, spiritual, moral, social
and psychological development’ [155]. e Committee further asserts
that ‘ensuring survival and physical health are a priority, but States are
reminded that Article 6 encompasses all aspects of development and that
a young child’s health and psychosocial well-being are interdependent’
[156]. Both may be put at risk by adverse living conditions, neglect and
abusive treatment [157].
From this, it can be argued that the practice of breast ironing
violates the child’s right to survival and development. is is largely
because, as was previously stated, the practice of breast ironing not only
causes pain and discomfort but also impedes the normal development
of the breasts of the child and also aects her psychologically. It is
therefore submitted that Cameroon has a legal obligation to harmonize
its national laws to standards contained in the CRC. Eective measures
are to be taken to eliminate the practice of breast ironing as it clearly
goes against the principles contained in the CRC.
Regional instruments specic to the rights of the child
e African Charter on Human and People’s Rights (ACHPR)
and the Protocol to the African Charter on Human and People’s
Rights on the Rights of Women in Africa (Women’s Protocol): e
ACHPR preserves civil, political, economic, social and cultural rights
and is concerned with both the rights of individuals and peoples. It
also contains several provisions to uphold and protect the rights and
welfare of vulnerable groups such as persons with disabilities, the
elderly, refugees, displaced persons, persons living with HIV/AIDS and
children.
e ACHPR gives little direction to children’s rights as a whole;
however its general provisions are by implication also applicable to
children. Article 4 of the Charter sates that everyone, which includes
children, is entitled to respect for his life and integrity of person. It also
states that everyone is entitled to have his or her dignity respected and
prohibits all forms of exploitation and degradation of man particularly
Citation: Tchoukou JA (2014) Introducing the Practice of Breast Ironing as a Human Rights Issue in Cameroon. J Civil Legal Sci 3: 121.
doi:10.4172/2169-0170.1000121
Page 10 of 18
Volume 3 • Issue 3 • 1000121
J Civil Legal Sci
ISSN: 2169-0170 JCLS, an open access journal
slavery, torture, cruel, inhuman or degrading punishment or treatment
[158]. Furthermore, the Charter provides that every individual is
entitled to the best attainable state of physical and mental health [159].
From this it can be argued that the Charter by implication guarantees
the protection of children from all forms of violence.
Although the Charter does not include any additional specic
rights relating to children, Article 18 however makes specic reference
to children. It provides that ‘the State shall ensure the elimination of
every discrimination against women and also ensure the protection of
the rights of the woman and the child as contained in international
declarations and conventions’ [160]. is in turn implies that the
rights of children provided for in other international declarations and
conventions are by incorporation part of the ACHPR. From this it may
be argued that although the Charter gives little direction to children’s
rights as a whole, its draers were however aware of major international
human rights documents giving protection to children.
e Women’s Protocol however provides a more detailed guidance
to States on their obligation with regard to violence against women,
which also includes girl children. e Protocol highlights in its
preamble that ‘practices which hinder or endanger the normal growth
or physical and psychological development of women and girls should
be condemned and eliminated’ [161]. e Protocol further denes
harmful practices as ‘all behaviour, attitudes and/or practices which
negatively aect the fundamental rights of women and girls, such as
their right to life, health, dignity, education and physical integrity’.
From this, it becomes clear that the practice of breast ironing is one
which is condemned by the Protocol.
Article 4 of the Protocol states that ‘every woman is entitled to
respect for her life, and the integrity and security of her person’ and
as a result all forms of cruel, inhuman or degrading punishment or
treatment should be prohibited [162]. is Article also provides more
detailed guidance to States in this regard. It does this by expressly
mandating States to ‘adopt legislative, administrative, social and
economic measures as may be necessary to ensure the prevention,
punishment and eradication of all forms of violence against women’
[163]. is Protocol also specically requires States to outlaw and
eradicate harmful practices, explicitly including female genital
mutilation, which in turn includes other harmful practices like breast
ironing. Article 4 goes on to provide the necessary measures which
States may use to eliminate such harmful practice. ese measures
include the creation of public awareness, legislative measures and the
provision of necessary support to victims of such harmful practices
through services such as health care, judicial support, emotional and
psychological counseling.
From this, it becomes evident that the Women’s Protocol is a step
forward from the African Charter in protecting girls from violence.
erefore, there is an obligation placed on Cameroon to take steps
necessary to eliminate the practice of breast ironing.
e African Charter on the Rights and Welfare of the Child: Like
the CRC, the ACRWC is a comprehensive document that lays out the
rights and general principles as regards the status of children. It however
aims to complement the CRC. It does this by addressing matters of
specic signicance to African children. is Charter was adopted in
light of the critical condition in which nearly all African children nd
themselves in terms of their socio-economic, cultural, traditional and
developmental circumstances, armed conicts, exploitation and hunger
[164]. Hence, in its preamble, the Charter draws attention to the fact
that children require particular care and legal protection, and that they
are entitled to freedom, dignity and security due to their mental and
physical development [165]. erefore, there is an acknowledgment
that children need protection and deserve to be treated with dignity.
is also hints at an appreciation for the autonomy of the child which
is emphasized in the CRC.
It is argued that although there was a need to take into account
African traditional values in considering matters relating to the rights
of children, it was however signicant that this be done without
compromising the child’s best interests through harmful cultural
practices [166]. From its provisions, it becomes evident that the
ACRWC challenges African customary values that conict with
children’s rights. It does this by expressly requiring State Parties to
adopt legislation protecting children and also discourage customs,
traditions, and religious practices that are inconsistent with the rights
and obligations contained in the Charter [167]. erefore the strength
of the Charter is argued to lie in the fact that it clearly ‘proclaims its
supremacy over customs and traditions’ in conict with its provisions
[168].
e principle that the best interest of the child is of paramount
importance is also reiterated in the ACRWC. It states that in all actions
concerning the child undertaken by any person or authority, the best
interest of the child shall be the primary consideration’ [169]. e
ACRWC therefore shadows the CRC in entrenching this principle.
However, Chirwa is of the view that the ACRWC takes a step forward
by arming that the best interest of the child must be ‘the’ primary
consideration in all actions regarding the child and not merely ‘a’ factor
to be considered amongst other factors [170].
e ACRWC also guarantees the child’s right to survival and
development. It requires States to ensure to ‘the maximum extent
possible the survival, protection and development of the child’ [171].
e Charter also provides that the child is entitled to ‘enjoy the best
attainable state of physical, mental, and spiritual health’ [172]. It further
outlines the specic measures State Parties have to follow in order to
fully execute this right. State Parties are required in Article 16 to take
specic legislative, administrative, social and educational measures
to protect the child from all forms of torture, inhuman or degrading
treatment and especially physical or mental injury or abuse…while in
the care of a parent, legal guardian…or other person who has the care
of the child’ [173].
Article 21 deals with the protection of children against harmful
social and cultural practices. is Article requires ‘States to take
appropriate measures to eliminate harmful social and cultural practices
aecting the welfare, dignity, normal growth and development of the
child’ [174]. Although the CRC also prohibits such harmful practices,
the ACRWC is argued to be a step forward in this regard, in that, its
prohibition is more extensive as it includes a reference to the child’s
dignity [175]. e Charter also provides guidelines to be used in
determining whether a specic practice is harmful. It states that
for such customs and practices to be deemed harmful, they must be
prejudicial to the health or life of the child; and discriminatory to the
child on the basis of sex or other status. From this, it becomes evident
that the practice of breast ironing is one which is prohibited by the
Charter as it meets the above requirements by being prejudicial to the
health of the child and discriminatory in the sense that it is only carried
out on girl children.
is section has shown that the right of girl children to be free from
all forms of violence has extensively been addressed in international
law. A number of treaties have aorded protection to this right in the
Citation: Tchoukou JA (2014) Introducing the Practice of Breast Ironing as a Human Rights Issue in Cameroon. J Civil Legal Sci 3: 121.
doi:10.4172/2169-0170.1000121
Page 11 of 18
Volume 3 • Issue 3 • 1000121
J Civil Legal Sci
ISSN: 2169-0170 JCLS, an open access journal
UN system and also in the African regional system. ese documents
have placed obligations on States and set standards on how this right
is to be protected. erefore, a practical implication of ratifying
international child protection laws is its domestication in the ratifying
States legal system.
Consequently, as result of Cameroon’s membership in all the above
mentioned instruments, it is required to take appropriate legislative and
other measures to put the right of the child to human dignity, physical
and psychological integrity and equal protection of the law into eect.
Cameroon is therefore required to provide an enabling environment
for the eective realization of these rights according to international
standards.
e Normative Framework for the Protection of the
Girl Child from Violence in Cameroon
Children’s rights to respect for their human dignity, physical
and psychological integrity and to equal protection of the law have
been recognized in major international and regional human rights
instruments. States are required to adopt all necessary legislative and
other measures, and to ensure that such measures have full force and
eect within their domestic legal system. is necessitates political
will on the part of governments and includes clear national legislative
provisions that put into eect the relevant treaty.
e Committee on the Rights of the Child (the Committee) issued
a general comment on Article 19 of the Convention on the Rights
of the Child (CRC). is comment aims at guiding Member States
in understanding their obligations as reected in this Article. It also
highlights the measures and strategies required to eliminate and
address all forms of violence in the context of the CRC [176].
General comment on article 19- interpretation guideline
Article 19 of the CRC provides that ‘ States shall take all appropriate
legislative, administrative, social and educational measures to protect
children from all forms physical or mental violence…while in the care
of parent(s)…or any other person who has the care of the child’ [177].
As a result of the alarming rate at which violence is being perpetrated
against children, the Committee decided to issue a general comment
on Article 19 [178]. is comment is an interpretative guideline and it
outlines the legislative, judicial, administrative, social and educational
measures that States are required to take in order to ensure an eective
protection of children from all forms of violence[179].
In interpreting Article 19, the committee arms that all forms
of violence against children, irrespective of how ‘light’ it is, are
unacceptable [180]. To achieve an eective prohibition of all the various
forms of violence committed against children in all settings, States
are required to adopt a clear legal denition of what acts constitute
violence [181]. ese acts range from neglect or negligent treatment,
physical and mental violence, harmful practices, corporal punishment,
torture and inhuman or degrading treatment or punishment. States are
also required to take eective measures, such as taking all appropriate
legislative, administrative, social and educational measures to
implement their obligations.
It is worth noting that legislative measures are not limited to only
the adoption of legislation. e Committee asserts that this also includes
the provision of adequate budget allocations for the implementation
of legislation [182]. Legislative measures must also include the
adoption of child specic legislations, the review and amendment of
existing legislations and other provisions and the establishment of
comprehensive policies on child rights in order to ensure a complete
prohibition on all forms of violence against children [183].
With regard to administrative measures, the Committee
recommends that such measures should indicate the government’s
duty to establish ‘policies, programmes, monitoring and oversight
systems’ necessary to protect the child from all forms of violence [184].
States are also advised to implement a ‘systematic and transparent
budgeting process in order to make the best use of allocated resources
for child protection’ [185].
Unlike legislative and administrative measures, social measures
can be implemented by both the State and civil society actors. ese
measures include ‘poverty reduction strategies; improved access
to health, social welfare and justice services; childcare, early child
development and aer school care programmes; counseling support for
children; and 24 hour toll-free child helplines with trained personnel’
[186].
States are further required to take educative measures which
should tackle ‘traditions, attitudes, customs and behavioural practices’
which overlook and advance violence against children [187]. ere is
also a need to foster open discussions about violence, inclusive of the
media and civil society. States are also required to embark on public
information programmes, including campaigns aimed at creating
awareness through the media, to tackle negative societal attitudes
and practices which overlook or promote violence [188]. In addition,
States are to ensure that the provisions of the CRC are made part of the
educational curriculum of all experts required to work with and for
children[189].
Article 19 (2) also provides for protective measures which States
are required to adopt in protecting children from all forms of violence.
ese measures include, amongst others, prevention, reporting,
referral, investigation, treatment and judicial involvement.
e Committee emphasizes that child protection commences with
an active prevention of all forms of violence against children [190].
States are therefore obliged to embrace all methods needed to make
certain that adults responsible for the care, guidance and upbringing
of children will respect and protect children’s rights [191]. Prevention
also includes other measures ‘to positively promote respectful child-
rearing free from violence for all children, and to further target the root
causes of such violence at the levels of the child, community, institution
and society’ [192]. It also requires States to provide shelter and crisis
centers for children who have experienced violence.
Reporting entails States developing ‘safe, well publicized,
condential and accessible support mechanisms for children, their
representatives and others to report violence against children, including
through the use of 24-hour toll-free hotlines’ [193]. e Committee
further emphasizes that such reporting mechanism must be combined
with and regarded as help-oriented services oering social support and
that processes must be in place to ensure the protection of persons
making such report [194].
Where violence has been reported by a child or a representative,
States are required to put measures in place to ensure an eective
investigation by competent experts who have received ample training
and who follow a ‘child-sensitive approach’ [195]. Furthermore,
the Committee places emphasis on the treatment of child victims of
violence. It states that ‘treatment is an essential service necessary to
promote a physical and psychological recovery and social integration
of children who have experienced violence’ [196].
Citation: Tchoukou JA (2014) Introducing the Practice of Breast Ironing as a Human Rights Issue in Cameroon. J Civil Legal Sci 3: 121.
doi:10.4172/2169-0170.1000121
Page 12 of 18
Volume 3 • Issue 3 • 1000121
J Civil Legal Sci
ISSN: 2169-0170 JCLS, an open access journal
It is worth noting that the Committee considers that resource
constraint is not a justication for failure of States to implement the
measures necessary for eective child protection. It therefore makes
provision for ‘international cooperation and assistance of developing
States to fulll their obligations in relation to Article 19.
From the above it can be inferred that current measures taken
by States must be reinforced and expanded in order to put an end to
practices which undermine children’s development. erefore, the
question that needs to be answered is how well Cameroon has used this
interpretative guideline in implementing measures that are eective in
protecting girl children from violence.
General legal framework for the protection of human rights
in cameroon
e protection of human rights in general and more specically the
rights of children is one that has been safeguarded in Cameroon through
a variety of instruments, ranging from international conventions,
protocols, charters, national legislations and policies. In accordance
with the obligations undertaken by Cameroon in terms of international
legal instruments, this section contains information on the legislative,
judicial, administrative and other measures, if any, taken by Cameroon
in order to implement the provisions of these instruments, with specic
focus on rights aected by the practice of breast ironing.
e main sources of law in Cameroon are the Constitution,
legislation, judicial precedents and customary law [197]. e eorts
taken by Cameroon, to provide an environment which encourages an
adequate protection of the rights of girl children will be made visible
through these sources of law.
Legislative Measures: Since the independence and amalgamation
of the former British Southern Cameroons and the French
Cameroun, the country can be said to have had at least three dierent
Constitutions and several constitutional amendments [198]. e
principal Constitution was the Constitution under which the French
Cameroun became independent in 1960. e second Constitution was
in reality merely an amendment of the 1960 Constitution of the French
Cameroon in 1961 when the British and French administered parts of
the country were reunited [199]. is latter Constitution which ushered
in a highly centralised federal system was regarded as the Constitution
of the Federal Republic of Cameroon. However another Constitution
was adopted in 1972 and the name of the country was changed to the
‘United Republic of Cameroon’ [200]. is Constitution was subject
to a large number of amendments and these led to the adoption of the
Constitution that is currently in force, the 1996 Constitution of the
Republic of Cameroon (hereaer referred to as the 1996 Constitution).
It is worth noting that despite the numerous amendments made
prior to the adoption of the current Constitution, a large part of the
text remains the same. A majority of the amendments are related to
administrative issues rather than the provisions on human rights.
However, on the issue of human rights, the development taken
towards fundamental rights changed with the dierent Constitutions.
e Federal Constitution, 1961 stated that ‘the Federal Republic of
Cameroon … arms its adherence to the fundamental freedoms set out
in the Universal Declarations of Human Rights …’ [201] is provision
had the eect of incorporating the Declaration as an important part of
the Constitution. However, in 1972, the draers of the Constitution
downgraded this Article to the preamble of the Constitution. is was
also reiterated in the current 1996 Constitution.
Cameroon has in its Constitution continuously emphasized the
supremacy of international law over incompatible national law. Article
45 provides that ‘duly approved and ratied treaties and international
agreements shall, following publication, take precedence over national
laws’ [202]. is implies that international instruments have been
given force in Cameroon at national level. us, treaties ratied by
Cameroon have force and are not required to be domesticated into
enabling legislations before acquiring status in the country.
erefore, international instruments upon ‘publication’ become
laws and do not require legislative implementation to be eective in
Cameroon. e question that arises in this regard is, are these ratied
treaties therefore deemed justiciable in Cameroonian courts? Can
individuals complain in a domestic court about a breach of Cameroon’s
international human rights obligation regardless of the fact that such
rights are not being incorporated into domestic law? In this regard, it
is uncertain as to what constitutes ‘publication’ and it has been argued
that the process of incorporating international law into domestic law in
Cameroon is muddy [203].
Manga however asserts that despite the fact that the Constitution
gives ratied treaties precedence over national laws, these treaties need
to be enshrined in the Cameroonian law before they can be rendered
justiciable [204]. is is premised on the fact that in reality, national
law takes precedence over international law. erefore, victims of
human rights violations may only seek redress from a domestic court
about a breach of Cameroon’s international human rights obligation
when such international law has been given force in national legislation
[205]. Judicial protection is necessary for the eective realization of the
rights contained in international human rights instruments. erefore,
despite this provision contained in the Constitution, it is still important
that legislation be enacted putting into eect the various rights
guaranteed to girl children by international human rights instruments.
e Constitution which is regarded as the supreme law of the
land was expected to provide a rm foundation for the advancement
of democracy, good governance and the protection of human rights.
As most of the fundamental rights acknowledged and protected by the
Constitution are contained in the preamble, it can be inferred from
these provisions that there has been an attempt to ensure an eective
protection of human rights.
e 1996 Constitution like the CRC explicitly prohibits violence
in any form and in all circumstances. It does this by guaranteeing in
its preamble the right to life, survival and development. It states that
‘every person has the right to life, to physical and moral integrity
and to humane treatment…under no circumstances shall any person
be subjected to torture, to cruel, inhuman or degrading treatment’
[206]. By guaranteeing this right to ‘every person’, girl children are
expressly aorded protection and as a result, this provision should be
implemented in all areas concerning children.
Furthermore, some other provisions in the 1996 Constitution can
be deemed to protect aspects of the right to be free from violence. e
preamble provides that ‘e State shall provide all its citizens with the
conditions necessary for their development’ [207]. From this provision
it may be implied that the State recognizes its obligations to ensure the
right to survival and development of the child. is right is one that
forms the basis of the CRC [208] and therefore entails the provision of
access to health care, food and protection of the child from any form of
abuse. e Committee further recommends that ‘development should
be looked at in the broadest sense, embracing the child’s physical,
mental, spiritual, moral, social and psychological development’ [209].
erefore, the Constitution by placing an obligation on the State to
Citation: Tchoukou JA (2014) Introducing the Practice of Breast Ironing as a Human Rights Issue in Cameroon. J Civil Legal Sci 3: 121.
doi:10.4172/2169-0170.1000121
Page 13 of 18
Volume 3 • Issue 3 • 1000121
J Civil Legal Sci
ISSN: 2169-0170 JCLS, an open access journal
provide its citizens, including children with conditions necessary for
their development, implicitly prohibits all practices that impede the
normal development of the child, both physically and psychologically.
e 1996 Constitution also explicitly aords protection to ‘women,
the young, the elderly and the disabled’ [210]. Protection in this case
can be interpreted to include protection from all forms of violence.
It also enshrines the ‘freedom of opinion for all citizens, freedom
of communication, expression, association…’ [211] which can be
construed to mean a guarantee for a respect of the views of the child,
which is one of the fundamental principles underlying the CRC and the
African Charter on the Rights and Welfare of the Child.
ere has been lengthy debate as to whether provisions stipulated
in preambles amount to legally enforceable rights [212]. Fombad is
of the view that such provisions do not amount to enforceable rights
[213]. However, it can be inferred that although these human rights
guarantees are contained in the preamble, they are however rendered
justiciable by virtue of Article 65 of the Constitution which provides
that ‘the preamble shall be part and parcel of this Constitution’ [214].
is view is conrmed by Fuo et al who argue that by incorporating
Article 65 into the Constitution, it can be inferred that the 1996
Constitution intended that all fundamental rights contained in ‘the
Universal Declaration of Human Rights, the Charter of the United
Nations, the African Charter on Human and Peoples’ Rights and all
duly ratied International Conventions’ [215] be incorporated into the
Constitution as legally enforceable rights [216].
Nevertheless, I am of the view that in matters relating to human
rights, the 1996 Constitution is inadequate. Its human rights provisions
are of a limited scope as they fail to provide a comprehensive framework
for the protection of children. e Constitution makes only one
specic mention of the rights of children. It provides in its preamble
that ‘the State shall guarantee the child’s rights to education and that
primary education shall be compulsory’. erefore other rights apply
to children only by inference. is view is also conrmed by Fombad
who is still of the opinion that the 1996 Constitution is at its weakest in
matters relating to the protection of fundamental human rights [217].
Despite the above, it may also be submitted that the preamble to
the Constitution arms Cameroon’s commitment to promoting and
protecting universal values and principles which are guaranteed to all
citizens by the State. Furthermore, it is worth noting that in addition
to the preamble, there exists other legislative and regulatory measure
which may be used to ensure the realization of the rights contained
in the Constitution and other international and regional instruments.
For example, the government has enacted legislation [218] to
amend various provisions of the Cameroon Penal Code by reviewing
section 132 and 133 relating to torture. is was done in order to
comply with the standards provided for in the Convention against
Torture (CAT). is Code now criminalizes all acts of torture using the
denition of torture contained in CAT [219].
e Criminal Code also prescribes strict measures against the
perpetrators of physical violence against children in various ways. It
does this by explicitly prohibiting any act which results in a permanent
deprivation of the usage of the whole or part of another’s body [220]. It
also prescribes punishment on anybody who uses physical or any other
method to cause serious or simple injuries on another person [221]. It
further makes these provisions on violence applicable to children and
doubles the punishment where committed against a child [222].
Furthermore, aer embodying the provisions of CAT into
domestic law by criminalizing torture, the Criminal Procedure Code
(CPC) was promulgated [223]. As argued in preceding chapters, breast
ironing can be considered as a form of torture. erefore, this Code
by prohibiting any act of torture and inhuman or degrading treatment
signicantly improves the guarantees of human rights [224]. e CPC
also contains provisions relating to the best interests of the child in
criminal proceedings.
Two other bills, including the Dra Code of Child Protection
(hereaer DCCP), the Dra Code of Persons and Families, containing
provisions relating to the best interest of the child are still to be adopted.
ese bills which are still in the course of completion will strengthen
legislation on the family and on the protection of children in the family
and the community.
e DCCP if enacted into law may be regarded as the single most
comprehensive piece of legislation on children in Cameroon. is Code
extensively addresses a number of issues ranging from the best interests
of the child principle to the supremacy of the family environment.
It further spells out more details on the rights of the child and also
introduces various novel concepts [225]. is Code also provides
extensively for the right to health and classies deprivation of health as
ill-treatment from which children must be protected [226].
Regarding harmful traditional practices, this Code makes no
specic reference to the practice of breast ironing which has been
on steady increase in Cameroon. It has been established in previous
chapters that this practice has harmful eects on the physical and
psychological health of the child. It was also established that the State
is a member State to the CRC which explicitly protects the child’s
rights to human dignity, physical and psychological integrity and
equal protection of the law. erefore, by failing to provide an express
provision prohibiting this practice in its DCCP, this omission may be
regarded as a shortcoming in its law reform eorts. Furthermore, it
is worth noting that this Dra Code is one that is still in the process
of being enacted into law and therefore currently carries no weight in
protecting and enforcing the rights of children.
As recommended by the Committee, Cameroon has also attempted
to adopt a clear legal denition of what acts constitute violence. It has
done this by stating in its Constitution and other legislations various
acts which are deemed violent. ese include ‘neglect or negligent
treatment, inhuman or degrading treatment’ [227], torture [228], and
harmful practices [229].
Regulatory and Other Measures: In addition to the above-
mentioned legal framework, a number of initiatives with a direct
impact have been conducted by the State and by other stakeholders.
As part of eorts to integrate the principle of child participation
in Cameroon, the government created a ‘Children’s Parliament’ to
deliberate on and bring to the attention of the government matters
relating to children [230]. Despite the non-binding eects of its
decisions, Parliament has deliberated on and disseminated information
regarding issues ranging from the need to make the subject of human
rights part of school education, including the need to improve on
support systems for victims of child abuse [231].
As one of the social measures recommended by the CRC
Committee, a Department of Social Protection of Childhood was
established in order to advance the promotion and protection of
the rights of the child [232]. is department was mainly created to
supervise the scheme, operation and follow-up of ‘promotion policies
and programmes on the rights and social protection of children and
Citation: Tchoukou JA (2014) Introducing the Practice of Breast Ironing as a Human Rights Issue in Cameroon. J Civil Legal Sci 3: 121.
doi:10.4172/2169-0170.1000121
Page 14 of 18
Volume 3 • Issue 3 • 1000121
J Civil Legal Sci
ISSN: 2169-0170 JCLS, an open access journal
the supervision of early childhood’ [233]. ey are also required to
ensure that as essential partners in realizing the rights of children, their
undertakings are in line with government policies [234].
Furthermore, in the absence of a programme for psychological and
social assistance for children who are victims of violence and other
forms of abuse, physical and psychological rehabilitation and social
reintegration are all guaranteed by local social workers, including
the personnel of social assistance centers, listening centres across the
country and welfare services at police stations, courts and hospitals
[235].
With regards to the ght against practices and customs that are
derogatory to women, including girls, the government adopted a
strategy that integrated judicial measures, sensitizing activities, training
and information, as well as studies aimed to improve the current
policies [236]. e organizational capacities of women’s organizations
were also reinforced, as was the ght against violence against women.
In response to these practices, some NGOs such as RENATA [237] has
with the support of donors embarked on actions by way of educating
communities on gender based violence. Other NGOs have also been
involved in advocacy and outreach eorts.
Another step taken by Cameroon is the transformation of the
National Human Rights Committee into the National Commission
of Human Rights and Freedoms in 2004. is Commission covers all
aspects of human rights, including the promotion and protection of
child rights [238]. Furthermore, Cameroon has introduced human
rights, including child rights in the primary and secondary school
curricula [239]. Teaching modules on combating all forms of violence,
elaborated by the Ministry of Education, is currently being taught as
from the beginning of the 2006 school year and studies are also under
way on violence against children [240].
It can therefore be inferred from the above mentioned provisions
that the government of Cameroon has attempted to adopt policy and
programmatic measures to ensure the implementation of the right of
the child to be protected from some forms of violence. It is however
unacceptable that progress made in the DCCP makes no specic
reference to breast ironing, an issue which is already in the public
domain and one which the government is aware of.
Inadequacies of measures
Despite the above measures taken by Cameroon in combating
violence against women and children, some diculties remain in terms
of implementing the CRC Committee’s recommendations, as regards
both the legislative and regulatory measures.
Although the 1996 Constitution guarantees certain rights to
individuals, the eectiveness of these human rights provisions is
dependent on the language in which it is couched. e rights contained
in the Constitution have been criticized as being couched in vague
language [241]. is is premised on the fact these rights are ‘expressed
in the language of hope and aspiration which is typical of preambles’
[242]. As a result, these provisions are merely declarations of rights
which are no more than ‘solemn proclamations of principles’ [243].
erefore the attempt of Article 65 to make the preamble ‘part and
parcel’ of the Constitution maybe regarded as futile [244]. Furthermore
the rights guaranteed in the Constitution are not expressed in a way
that imposes any obligations on the State [245]. is is because, it fails
to state who guarantees these rights, when and how they are guaranteed.
Cameroon has also failed to adopt a child specic legislation
adequately ensuring the eective protection of children from violence
as required by general comment 13. As previously stated, the DCCP is
still under review and has not been adopted as law. ere has been a
long delay in the nalization of this Code.
With regard to the practice of breast ironing Cameroon has failed
to put in place measures to strengthen its legislative and institutional
framework in that regard. It has failed to expressly prohibit or adopt a
national strategy for the prevention of this practice.
Furthermore, the Government has failed to take measures to
strengthen the activities of civil society organizations and non-
governmental organizations working with children aected by breast
ironing. It has also failed to take measures aimed at ensuring victims of
this practice have access to condential health and counseling services
as required by the Committee.
e government has similarly failed to implement programmes
to sensitize the population about the harmful eects of breast ironing.
It has likewise failed to provide access to legal remedies and medical
services, establish counseling services for victims, train legal, health
and police personnel, and launch public-awareness campaigns in order
to achieve zero tolerance with regard to all forms of violence against
women and girls.
e State has also failed to establish reporting systems that are
just, secure and transparent that ensures the right of victims to be
heard. Such systems include mechanisms such as toll-free telephone
lines, Vigilance Committees, protocols of support for child victims of
violence and the creation of an active advocacy and protection network
so that all children are safe and protected [246].
e Criminal Code although covering various types of injuries fails
to contain a law against discrimination and violence against women
and also does not contain a specic provision for prohibiting the
practice of breast ironing. Also, no measure has been taken to date to
investigate cases of torture or abuse of children, to compensate and
rehabilitate the victims or to set up a complaints mechanism [247].
Furthermore, although Cameroon has taken steps to protect
children against all forms of violence, including torture and abuse
in the new CPC, there are still some diculties such as the silent
complicity of the community, ignorance of parents and the climate of
impunity surrounding the phenomenon of violence against children.
Additionally, there are very few listening centers which cater for child
abuse victims across the country [248].
erefore, although the government has made attempts at
protecting children against all forms of violence by adopting legislation
and taking other regulatory steps, it can be inferred that the State has
not taken any action to eliminate this practice. is is largely because
the provisions against violence and abuse in the Constitution, the Penal
Code and other legislations are not interpreted as prohibiting breast
ironing.
Conclusion
e aim of this article has been to assess and critically examine
the practice of breast ironing and its implications on the rights of girl
children. To achieve this goal, the rst task was to highlight and give a
background of the breast ironing situation in Cameroon. It showed that
there is a need for an intervention and total eradication of this practice.
e article further gave a clear understanding of how, why, where and
by whom breast ironing is practiced and showed that although it is
being used in a way that is dierent from its original form, this practice
is one which has acquired the status of culture overtime.
Citation: Tchoukou JA (2014) Introducing the Practice of Breast Ironing as a Human Rights Issue in Cameroon. J Civil Legal Sci 3: 121.
doi:10.4172/2169-0170.1000121
Page 15 of 18
Volume 3 • Issue 3 • 1000121
J Civil Legal Sci
ISSN: 2169-0170 JCLS, an open access journal
e article also discussed the steps taken by Cameroon to regulate
this practice. It examined its legal framework to determine whether
the obligations vested on it by international human rights instruments
have been translated into national policies.
However, the measures taken by Cameroon were regarded as
insucient. is is largely because the provisions against violence and
abuse in the Constitution, the Penal Code and other legislations are
not interpreted as specically prohibiting the practice of breast ironing.
Cultural obstacles in Cameroon are deeply entrenched and the State
has not adopted immediate and eective measures, particularly in the
elds of teaching, education and information, to combat all forms of
violence against children. It can therefore be inferred that the State has
not taken any measures to eliminate this practice.
e use of breast ironing as a preventive measure is one which is
steadily increasing in Cameroon and the lack of legal prohibition or
national strategy for its prevention is contrary to the provisions of the
CRC and ACRWC. erefore, it is necessary that Cameroon adopt
measures relating to the situation of all children who are likely to be
aected by the practice of breast ironing.
e inclusion of the rights for ‘everyone’ as contained in the
Constitution and other relevant legislations is not adequate to aord
protection to girl children against this form of violence. is inclusion
does not automatically ensure respect for the rights of children.
erefore, it is important that such a vulnerable group, not only be
guaranteed wide ranging rights contained in general provisions, but
also be granted specic protection against this practice.
It is therefore recommended that Cameroon adopt legislation or
include a provision in its Criminal Code prohibiting this practice. To
this end, the Ministry of Justice needs to propose an amendment to
the current Criminal Code to introduce measures to both prohibit
and punish this act. e adoption or amendment of legislation in
this regard is important to ensure that children are able to invoke the
provisions of such legislation before a court of law. is is necessary so
that victims may have access to eective remedies in order to redress
violations which occur in this regard.
However, although criminalization of this act could act as a
deterrent and help increase awareness of the adverse eects of the
practice, this alone is likely to be ineective in curbing it. It is therefore
equally essential that the State also implement programmes to sensitize
the population about its harmful eects. is is important because,
breast ironing is practiced by most mothers in Cameroon and it is done
with the best interest of their children at heart as a means of protecting
and promoting the child within the community and following social
norms. erefore, at the onset, a direct criminalization of this act
without measures taken by the State to discourage this practice may
lead to the arrest of numerous women.
A key question that arises is what is the underlying dynamics that
makes breast ironing as a major obstacle in children’s human rights in
Cameroon so dicult to change? e answer to this question is, the
practice of breast ironing is one that is deeply entrenched in Cameroon
and the State has failed to adopt immediate and eective remedies
to combat this practice. It is time for the State to take all appropriate
measures to combat all forms of violence against children. To achieve
this, it is essential that certain social and cultural patterns of conduct
be eliminated. It is therefore necessary that Cameroon give urgent
attention to the general duty imposed on it by international legal
instruments.
Ssenyonjo asserts that ‘however high the barriers, change is possible’
[249]. Regardless of how deeply rooted this practice is, it can be uprooted
or transformed, mainly through public education: ‘stereotypical gender
roles can be challenged through textbooks, academic instruction and
patterns of participation in the education processes’ [250]. Sustained
education will help encourage the participation of women and men
and will help in overcoming the entrenched form of resistance and
transform this cultural practice. Furthermore, prevention, by making
women who practice breast ironing aware that they are violating the
rights and physical integrity of their victims, and by holding seminars
for opinion makers (traditional and religious authorities) to alert them
to the issue will be an eective way of combating this practice.
References
1. United Nations Children’s Fund ‘Domestic Violence against Women and Girls’
(2000) 6 Innocenti Digest 3.
2. Mancho Innocent Ndifor “Breast Ironing in Cameroon: Just a Rumour?” (2007)
Karolinska Institute 6.
3. Ndifor (n2 above) 6.
4. Ndifor (n2 above) 6.
5. Ndifor (n2 above) 6.
6. Bawe Rosaline Ngunshi ‘Breast Ironing : A harmful traditional practice in
Cameroon’ Gender Empowerment and Development (GeED).
7. Morissanda Kouyate ‘Harmful Traditional Practices against Women and
Legislation’ United Nations Division for the Advancement of Women.
8. Kouyate (n7 above) 2.
9. Rebecca Tapscott ‘Understanding Breast “ironing”: a Study of the Methods,
Motivations, and Outcomes of Breast Flattening Practices in Cameroon’ (2012)
Feinstein International Center 31.
10. Mancho Innocent Ndifor “Breast Ironing in Cameroon: Just a Rumour?” (2007)
Karolinska Institute 7.
11. www.tantines.org
12. Taku (n11 above) 1.
13. Ndonko, Flavien & Germaine Ngo’o ‘Etude sur le Modelage des Seins au
Cameroun’ (2006) GTZ National Study 1-36.
14. Tapscott (n9 above) 6.
15. Tapscott (n9 above) 6.
16. This practice was rst publicly written about by Deutsche Gesellschaft
für Internationale Zusammenarbeit (the German Society for International
Cooperation, hereafter “GIZ”) and the Reseau National des Associations des
Tantines or National Network of the association of Aunties (RENATA).
17. Tapscott (n9 above) 1.
18. Ndonko et al (n13 above) 1-36.
19. Ndonko et al (n13 above) 1-36.
20. Taku (n11 above) 1.
21. Tapscott (n9 above) 1.
22. Ndonko et al (n13 above) 1-36.
23. Tapscott (n9 above) 2.
24. 2010 Human Rights Report: Cameroon.
25. www.giz.de/fgm
26. Bawe RN (2013)Breast Ironing : A harmful traditional practice in Cameroon.
Gender Empowerment and Development (GeED).
27. A particularly distressing anecdote by Dr. Ndonko related that a government
minister in Yaoundé learned of the practice from GIZ, and upon returning home
and sharing the news with his wife, learned that she had performed breast
attening on their daughter. Source: Tapscott (n8 above) 10.
28. William Sewell (2013) The Concept(s) of Culture.
Citation: Tchoukou JA (2014) Introducing the Practice of Breast Ironing as a Human Rights Issue in Cameroon. J Civil Legal Sci 3: 121.
doi:10.4172/2169-0170.1000121
Page 16 of 18
Volume 3 • Issue 3 • 1000121
J Civil Legal Sci
ISSN: 2169-0170 JCLS, an open access journal
29. See Sherry O (1984) Theory in Anthropology Since the Sixties. Comparative
Studies in History and Society 126- 166.
30. See Clifford G ‘Common Sense as a Cultural System’ (1975) 33 The Antioch
Review 73-94.
31. Sewell (n28 above) 47.
32. Sewell (n28 above) 47.
33. Sewell (n28 above) 47.
34. Diana AS (2013) The Challenge of Human Rights and Cultural Diversity,
United Nations Background Note.
35. John Mubangizi ‘A South African Perspective on the Clash between Culture and
Human Rights, with Particular Reference to Gender-Related Cultural Practices
and Traditions’ (2012) 13 Journal of International Woman’s Studies 33.
36. F Raday (2004) Culture, religion, and gender. International Journal of
Constitutional Law 665-666.
37. Raday (n36 above) 665-666.
38. Sharon W (2013) African Oral Tradition.
39. Henige DO (2013) but Oral What? The Nomenclatures of Orality and Their
Implications.
40. Tapscott (n9 above) 6.
41. Tapscott (n9 above) 6.
42. Tapscott (n9 above) 6.
43. Eva Fernandez Ortiz (2013) CAMEROON: Protect Your Daughters, Iron Their
Breasts.
44. Ndonko et al (n13 above) 1-36.
45. Georgette AT (2013) Breast ironing: the agony of young Cameroonian girls.
46. Tapscott (n9 above) 6.
47. Taku (n45 above) 1.
48. Manisuli S (2007)Culture and Human Rights of Women in Africa: Between Light
and Shadow Journal of African Law
49. Ssenyonjo (n48 above) 53.
50. U.S. Department of State (n24 above) 32.
51. U.S. Department of State (n24 above) 32.
52. Ndonko et al (n13 above) 1-36.
53. Ndonko et al (n13 above) 1-36.
54. Tapscott (n9 above) 14.
55. National Institute of General Medical Sciences NIH, Burns.
56. NIH (n55 above) 1.
57. Ndonko et al (n13 above) 1-36.
58. Alain Nguidjoï, ‘Analyse du Phenomene de ‘Repassage des Seins’ des Jeunes
FIlles en Milieu Urbain: Cas de la Ville de Yaoundé’ (Department of Andragogy,
National Institute of Youth and Sports, Ministry of Sports and Physical
Education: 2008) 25–26.
59. Pasquet et al (2013) Age at Menarche and Urbanization in Cameroon: Current
Status and Secular Trends
60. Ngunshi (n26 above) 5.
61. Tapscott (n9 above) 18.
62. Tapscott (n9 above) 18.
63. Tapscott (n9 above) 18.
64. Cameroon Marriage Statistics.
65. Tapscott (n9 above) 18.
66. Tapscott (n9 above) 18.
67. Randy S (2013) Cameroon Mass Polygamous Wedding.
68. Alexis Grant (2013) In modern Cameroon polygamy doesn’t pay.
69. Tapscott (n9 above) 18.
70. Tapscott (n9 above) 23.
71. Tapscott (n9 above) 23.
72. Ndonko, Taku ‘“Aunties” for Sexual Health and Non-violence: How Unwed
Young Mothers Can Become
73. Advocates, Teachers and Counsellors in Cameroon.
74. Mburano Rwenge (2000) Sexual Risk Behaviors among Young People in
Bamenda Cameroon. International Family Planning Perspectives.
75. Rwenge (n73 above) 118.
76. S297 of Cameroon Penal Code.
77. Patience Siri Akenji (2013) Constraints in Seeking Justice for Rape Victims
in Cameroon: A Situation Analysis at the Ministry of Justice and the Bamenda
High Court.
78. GeED ‘CAMEROON NGO Report On the implementation of the ICCPR.
79. Tapscott (n9 above) 20.
80. Tapscott (n9 above) 21.
81. Tapscott (n9 above) 21.
82. Tapscott (n9 above) 21.
83. Tapscott (n9 above) 25.
84. Tapscott (n9 above) 21.
85. Tapscott (n9 above) 25.
86. Tapscott (n9 above) 26.
87. Ortiz (n43 above) 1.
88. Ortiz (n43 above) 1.
89. Nigerian Women World ‘Breast Ironing’.
90. Mehr Khan (2012) Domestic Violence against Women and Girls.
91. Rebecca JC (1994) State Responsibility for violations of women’s human
rights. Harvard Human Rights Journal
92. Article 55(c) of the UN Charter.
93. Article 56 of the UN Charter.
94. The UN Charter.
95. Geraldine van Beuren (1995) The International Law on the Rights of the Child.
Dordrecht: Martinus Nijhoff
96. Van Beuren (n94 above) 17.
97. Article 1 of the UDHR.
98. Digital Record of the UDHR.
99. Article 25 of the UDHR.
100. Van Beuren (n94 above) 19.
101. The ICESCR.
102. Article 12 of ICESCR.
103. General Comment No. 14: The Right to the Highest Attainable Standard of
Health (Art. 12 of the Covenant), 11 August 2000.
104. GC No.14 (n102 above) 3.
105. Article 2(1) of ICESCR.
106. Article 2 of ICCPR.
107. Article 9 and 24 of ICCPR.
108. Declaration of the Rights of the Child, 1924.
109. Van Beuren (n94 above) 8.
110. Declaration of the Rights of the Child, 1959.
Citation: Tchoukou JA (2014) Introducing the Practice of Breast Ironing as a Human Rights Issue in Cameroon. J Civil Legal Sci 3: 121.
doi:10.4172/2169-0170.1000121
Page 17 of 18
Volume 3 • Issue 3 • 1000121
J Civil Legal Sci
ISSN: 2169-0170 JCLS, an open access journal
111. Van Beuren (n94 above) 12.
112. The CEDAW.
113. General Recommendation No. 19, (11th Session, 1992), the Committee on
the Elimination of Discrimination against Women.
114. GR No. 19 (n112 above) Para 6.
115. GR No. 19 (n112 above) Para 20.
116. Article 2 of CEDAW.
117. GR No. 19 (n112 above) Para 20.
118. Article 1(1) of CAT.
119. Mehr Khan (n89 above) 2.
120. Article 2(1) of CAT.
121. Oliver C Ruppel (2013) The protection of children’s rights under international
law from a Namibian Perspective.
122. Ruppel (n120 above) 51.
123. Prinslean Mahery 2009) The United Nations Convention on the Rights of the
Child: Maintaining its Value in International and South African Child Law. Child
Law in South Africa
124. Article 2 of the CRC.
125. Article 3 of the CRC.
126. Article 6 of the CRC.
127. Article 12 of the CRC.
128. Mahery (n122 above) 314.
129. Article 7 of the 1959 Declaration.
130. Article 5(b) and 16(1)(d) of CEDAW.
131. General Comment No. 5 ( 34th Session 2003) General Measures of
Implementation of the Convention on the Rights of the Child
132. Thomas Hammarberg (2013) The Principle of the Best Interests of the Child-
What it Means and What it Demands from Adults.
133. Hammarberg (n131 above) 5.
134. Article 24(3) of CRC.
135. Gerison Lansdown ‘The Realisation of children’s Participation rights: critical
reections’ in B Percy Smith & N Thomas (eds) A handbook of children and
young people’s participation perspective from theory and practice (Taylor and
Francis e-library: 2010) 11.
136. Lansdown (n134 above) 19.
137. Hammarberg (n131 above) 6.
138. Article 5 of the CRC.
139. Gerison Lansdown (2005) The Evolving Capacities of the Child’ Innocenti
Insight, UNICEF Innocenti Research Centre.
140. Lansdown (n138 above) 2.
141. Lansdown (n138 above) 3.
142. Lansdown (n138 above) 3.
143. Article 12 of the CRC.
144. Lansdown (n138 above) 4.
145. Lansdown (n134 above) 11.
146. Lansdown (n134 above) 12.
147. Lansdown (n134 above) 12.
148. Lansdown (n134 above) 12.
149. Lansdown (n134 above) 12.
150. Lansdown (n134 above) 15.
151. Dickson Nsagha et al ‘The Burden of Orphans and Vulnerable Children Due to
HIV/AIDS in Cameroon’ (2012) 6 The Open AIDS Journal 245-258.
152. Rabiatu Danpullo (2008) The Socio-legal Perspective of Child Protection in
Cameroon. Universitaires d’Afrique.
153. Hammarberg (n131 above) 6.
154. Article 6 of the CRC.
155. Mahery (n122 above) 320.
156. GC No. 5 (n130 above) para 12.
157. General Comment No. 7 (40th Session 2005) Implementing Child Rights in
Early Childhood.
158. GC No. 7 (n156 above) 2.
159. Article 5 of ACHPR.
160. Article 16 of ACHPR.
161. Article 18(3) of ACHPR.
162. The Women’s Protocol.
163. Article 4 of Women’s Protocol.
164. Article 4(2) (b) of Women’s Protocol.
165. Ruppel (n191 above) 75.
166. The ACRWC.
167. Ruppel (n191 above) 75.
168. Article 1 (1) and (3) of ACRWC.
169. DM Chirwa (2002) The Merits and Demerits of the African Charter. International
Journal of Children’s Rights.
170. Article 4 of ACRWC.
171. Chirwa (n168 above) 160.
172. Article 5 of ACRWC.
173. Article 14(1) of ACWRC.
174. Article 16(1) of ACRWC.
175. Article 21(1) of ACRWC.
176. Chirwa (n168 above) 164.
177. General Comment No. 13: The Right of the Child to Freedom from all Forms
of Violence (Article 19), 18 April 2011.
178. Article 19 (1) of the CRC.
179. GC No.13 (n176 above) 3.
180. GC No.13 (n176 above) 6.
181. GC No.13 (n176 above) 8.
182. GC No.13 (n176 above) 8.
183. GC No.13 (n176 above) 14.
184. GC No.13 (n176 above) 15.
185. GC No.13 (n176 above) 15.
186. GC No.13 (n176 above) 15.
187. GC No.13 (n176 above) 16.
188. GC No.13 (n176 above) 17.
189. GC No.13 (n176 above) 17.
190. GC No.13 (n176 above) 17.
191. GC No.13 (n176 above) 18.
192. GC No.13 (n176 above) 18.
193. GC No.13 (n176 above) 18.
194. GC No.13 (n176 above) 20.
195. GC No.13 (n176 above) 20.
196. GC No.13 (n176 above) 20.
Citation: Tchoukou JA (2014) Introducing the Practice of Breast Ironing as a Human Rights Issue in Cameroon. J Civil Legal Sci 3: 121.
doi:10.4172/2169-0170.1000121
Page 18 of 18
Volume 3 • Issue 3 • 1000121
J Civil Legal Sci
ISSN: 2169-0170 JCLS, an open access journal
197. GC No.13 (n176 above) 20.
198. Charles Manga Fombad ‘UPDATE: Researching Cameroonian Law’.
199. Fombad (n197 above) 6.
200. Fombad (n197 above) 6.
201. Fombad (n197 above) 6.
202. Article 1(2) of the Federal Constitution of Cameroon, 1961.
203. Article 45 of the 1996 Constitution.
204. Oliver Fuo (2010) Compliance with International Law Instruments on the
Regulation of Trade Unions: The Case of Cameroon.
205. Pegue Manga Cameroon: Smiting the Judiciary out of Slumber.
206. Manga (n204 above) 1.
207. Preamble of 1996 Constitution.
208. Preamble of 1996 Constitution.
209. Article 6 of CRC.
210. GC No. 5 (n30 above) Para. 6.
211. Preamble of 1996 Constitution.
212. Preamble of 1996 Constitution.
213. Charles Fombad (1999) ‘Cameroon’ Speaking Freely: Expression and the Law
in the Commonwealth.Toronto.
214. Fombad (n212 above) 102.
215. Article 65 of 1996 Constitution.
216. Preamble of 1996 Constitution.
217. Oliver NF, Moseke NM (2010) ‘Compliance with International Law Instruments
on the Regulation of Trade Unions: The Case of Cameroon’ (2010) 4
Cameroon Journal on Democracy and Human Rights 2.
218. Fombad (n197 above) 6.
219. Criminal Code, Act No. 97/009 of 9 January 1997.
220. Article 132 of Criminal Code.
221. Article 277 of Criminal Code.
222. Article 279(1)&280 of Criminal Code.
223. Article 350 of Criminal Code.
224. Law N°2005 of 27 July 2005 on the Criminal Procedure Code.
225. S122(2) of CPC.
226. See sections 66-68; 53 &85 of the Draft Child Protection Code (undated
document) dealing with ‘customary placement’ and ‘sponsorship’
227. S47&48 of the DCCP.
228. Preamble of 1996 Constitution.
229. S132 of the Criminal Code.
230. S49 of DCCP.
231. African Child Policy Forum ‘Harmonisation of Children’s laws in Cameroon.
232. ACPF (n299 above) 4.
233. By Decree No. 2005/160 of 25 May 2005 to organize the Ministry of Social
Affairs.
234. ACPF (n301 above) 3.
235. ACPF (n301 above) 3.
236. National de la Statistique ‘Troisieme Edition du tableau de Bord Social sur La
Situation des Enfants et des Femmes au Cameroun: Rapport Final (Tbs 3)’.
237. Coalition Camerounaise des ONG pour les Droits de l’Enfant (COCADE)
‘Shadow Report of Ngos on the Implementation of the United National
Convention on the Rights of the Child in Cameroon’.
238. Réseau National des Tantines du Cameroun.
239. COCADE (n236 above) 4.
240. COCADE (n236 above) 4.
241. COCADE (n236 above) 4.
242. Fombad (n197 above) 12.
243. Fombad (n197 above) 12.
244. Fombad (n197 above) 12.
245. Fombad (n197 above) 12.
246. Fombad (n197 above) 12.
247. COCADE (n236 above) 11.
248. COCADE (n236 above) 11.
249. COCADE (n236 above) 14.
250. Ssenyonjo (n48 above) 65.
Citation: Tchoukou JA (2014) Introducing the Practice of Breast Ironing as a
Human Rights Issue in Cameroon. J Civil Legal Sci 3: 121. doi:10.4172/2169-
0170.1000121
Submit your next manuscript and get advantages of OMICS
Group submissions
Unique features:
• Userfriendly/feasiblewebsite-translationofyourpaperto50world’sleadinglanguages
• AudioVersionofpublishedpaper
• Digitalarticlestoshareandexplore
Special features:
• 350OpenAccessJournals
• 30,000editorialteam
• 21daysrapidreviewprocess
• Qualityandquickeditorial,reviewandpublicationprocessing
• IndexingatPubMed(partial),Scopus,EBSCO,IndexCopernicusandGoogleScholaretc
• SharingOption:SocialNetworkingEnabled
• Authors,ReviewersandEditorsrewardedwithonlineScienticCredits
• Betterdiscountforyoursubsequentarticles
Submityourmanuscriptat:www.omicsonline.org/submission
