La mise en œuvre des règles internationales relatives à la protection des personnes vulnérables au Cameroun

Abstract

The topic of this research is: The Implementation of International Rules related to the Protection of Vulnerable Persons in Cameroon. Implementation is one most topical issues with respect to Human Rights in developing countries. States have adopted international rules concerning vulnerable persons, which have consequently given rise to a complete body of instruments. The responsibility of implementing these rules is emphasized by several legal instruments that govern Human Rights in general, particularly the United Nations Charter, Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights. Since independence, the respect of Human Rights has been enshrined in the Cameroon’s constitution. However, in spite of this theoretical consecration, concerns related to the protection of human rights persist due to socio-cultural sluggishness and economic difficulties, which cause dramatic effects within the most vulnerable social groups. The main point of departure for the research is to understand how Cameroon is implementing international rules which it has ratified in relation to the protection of vulnerable persons. The research methodology utilized consisted of an analysis of international legal instruments in relation with the social environment. It is based on the sociological positivism and adopts universalism, cultural relativism, legal and institutional pluralism and the spiral of change as explanatory theories. On basis of the notion of vulnerability, four categories of persons that stand to benefit from international rules were selected : children, elderly persons, women and disabled persons. Due to the "intersectionality" between the different forms of marginalization, the thesis proposes an operational definition in general. This definition refers to a person in a precarious situation and with temporary or permanent weaknesses inherent to her nature, her living condition or physical or mental condition that - in interaction with socio-cultural barriers - makes her unable to protect her interests and exposes her to exclusion and external attacks threatening her autonomy, dignity or physical or psychological integrity and requires, in this respect, special protection measures. It evaluates the overall mechanism of protection of rights in the light of the universalism of Human Rights and cultural diversity, and demonstrates that the protection of vulnerable persons is the responsibility of the whole society. Even if the State remains a key actor and acts on the basis of national solidarity, a lead role is also played by the international community that contributes in the context of collective responsibility to the implementation of protection rules of vulnerable persons in Cameroon. The obstacles to the full realization of the rights of vulnerable persons cannot be overrated. They suffer from persistence of many social and cultural constraints that become apparent in practices as child trafficking, labour, violence against women, early and forced marriages, genital mutilation, stigmatization of people with disabilities, or neglect of the elderly. Nevertheless the principles, institutions, and procedures put in place to ensure the implementation of international rules on the protection of vulnerable persons in Cameroon are in favour of a better social integration of such persons.