Abstract

The sources of law in most African countries are customary law, the received laws and legislation both colonial and post-independence. In a typical African country as is the case with Cameroon, the great majority of people conduct their personal activities in accordance with and subject to customary law. Customary law has great impact in the area of personal law in regard to matters such as marriage, inheritance and traditional authority, and because it developed in an era dominated by patriarchy some of its norms conflict with human rights norms guaranteeing equality between men and women. While recognising the role of legislative reforms, it is argued here that the courts have an important role to play in ensuring that customary law is reformed and developed to ensure that it conforms to human rights norms and contribute to the promotion of equality between men and women. The guiding principle should be that customary law is a living law and cannot therefore be static. It must be interpreted to take account of the lived experiences of the people it serves.

Keywords:

Access to Justice, African Law, Human Rights, Equality, Court

References:

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