CAMEROON | AFRICA
Law No 2016/007 of 12 July 2016 on the Penal Code
Type of Measure
Laws > Violence against women > Legislation
Form of Violence
Violence against women and girls;
Female genital mutilation;
Other harmful practices;
Sexual violence;
Child early and forced marriage
Year
2016
Brief Description
Law No. 2016/007 of 12 July 2016 on the Penal Code introduced new offences to punish offences against women. Thus, offences against the physical or moral integrity of women are likely to cover qualifications that previously existed such as murder (Article 275), assassination (Article 276), serious injury (Article 277), torture (Article 277-3), fatal blows (Article 278), blows with serious injury (Article 279), simple injury (Article 280), light injury (Article 281). With regard to sexual violence against women and girls, Articles 295 and 296 punish insult and rape, while Articles 346 and 347 punish insult to minors followed by sexual intercourse or rape.
New offences such as (female) genital mutilation, damage to the growth of an organ and sexual harassment, punishable under Articles 277-1, 277-2 and 302-1 respectively, have been added to the existing provisions, while trafficking and smuggling in persons have been incorporated into Article 342-1. The expulsion of the spouse from the marital home is now sanctioned in Article 358-1, thus protecting the surviving spouse from pressure from the in-laws regarding the property acquired by the couple.
The denial of resources to women may constitute offences such as the payment of maintenance, reversionary pension and abandonment of the family, enabling the woman to bring a case before the courts on the basis of Articles 180, 180-1 and 358 of the Criminal Code. In addition, discriminatory provisions have been removed from the Code. Thus, Article 361 of the Penal Code now punishes adultery of women and men indiscriminately and with the same penalties. In addition, the subsequent marriage between the perpetrator of a rape and his victim is no longer considered a cause for exoneration from prosecution by Article 297. The Penal Code, by sanctioning early marriage in its Article 356 (2), removes the disparities and harmonises the age below which a girl or boy cannot be given in marriage, i.e. at least 18 years.
New offences such as (female) genital mutilation, damage to the growth of an organ and sexual harassment, punishable under Articles 277-1, 277-2 and 302-1 respectively, have been added to the existing provisions, while trafficking and smuggling in persons have been incorporated into Article 342-1. The expulsion of the spouse from the marital home is now sanctioned in Article 358-1, thus protecting the surviving spouse from pressure from the in-laws regarding the property acquired by the couple.
The denial of resources to women may constitute offences such as the payment of maintenance, reversionary pension and abandonment of the family, enabling the woman to bring a case before the courts on the basis of Articles 180, 180-1 and 358 of the Criminal Code. In addition, discriminatory provisions have been removed from the Code. Thus, Article 361 of the Penal Code now punishes adultery of women and men indiscriminately and with the same penalties. In addition, the subsequent marriage between the perpetrator of a rape and his victim is no longer considered a cause for exoneration from prosecution by Article 297. The Penal Code, by sanctioning early marriage in its Article 356 (2), removes the disparities and harmonises the age below which a girl or boy cannot be given in marriage, i.e. at least 18 years.
Source of Information
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