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Study on illegal adoptions 2017, para. 99
- Paragraph text
- [At the international level] The Committee on the Rights of the Child and the Committee on the Elimination of Discrimination against Women should request States parties to the Convention on the Rights of the Child and its Optional Protocol on the sale of children, child prostitution and child pornography to provide information about concerns related to illegal adoptions and international commercial surrogacy arrangements, notably in preparation for the Committee's consideration of periodic reports.
- Body
- Special Rapporteur on the sale and sexual exploitation of children, including child prostitution, child pornography and other child sexual abuse material
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Children
- Women
- Year
- 2017
Paragraph
Study on illegal adoptions 2017, para. 97b
- Paragraph text
- [At the international level] [The Special Rapporteur invites the international community and international bodies to:] In responding to illegal intercountry adoptions, enhance cooperation among receiving countries, among countries of origin and between receiving countries and countries of origin, within the framework of the 1993 Hague Convention, the Convention on the Civil Aspects of International Child Abduction and the Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Cooperation in Respect of Parental Responsibility and Measures for the Protection of Children;
- Body
- Special Rapporteur on the sale and sexual exploitation of children, including child prostitution, child pornography and other child sexual abuse material
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Social & Cultural Rights
- Person(s) affected
- Children
- Year
- 2017
Paragraph
Study on illegal adoptions 2017, para. 93
- Paragraph text
- In order to effectively prevent and eradicate illegal adoption, States must take measures to address the push and pull factors, as well as the enabling environment, of the current adoption system, in which illegal adoption persists. In respect of intercountry adoptions, countries of origin and receiving countries bear joint responsibility for tackling systemic problems. The current system not only facilitates and encourages illegal adoptions but also accepts measures that foster them. A major factor enabling illegal adoptions is the level of financial advantage that can be obtained from the procurement of children for intercountry adoption. As long as adoption fees and costs are not reasonable and not made transparent and as long as contributions and donations are involved, there will continue to be a substantial incentive for illegal adoptions to take place.
- Body
- Special Rapporteur on the sale and sexual exploitation of children, including child prostitution, child pornography and other child sexual abuse material
- Document type
- Special Procedures' report
- Topic(s)
- Harmful Practices
- Movement
- Social & Cultural Rights
- Person(s) affected
- Children
- Year
- 2017
Paragraph
Study on illegal adoptions 2017, para. 95f
- Paragraph text
- [At the national level] [The Special Rapporteur invites all States to:] Adopt adequate regulation on procedures and safeguards in relation to domestic and intercountry adoptions, including in relation to the determination of adoptability, and establish effective and well-resourced mechanisms for overseeing adoption processes, especially with respect to strictly verifying the background of any child who is declared an orphan and his or her documents;
- Body
- Special Rapporteur on the sale and sexual exploitation of children, including child prostitution, child pornography and other child sexual abuse material
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Social & Cultural Rights
- Person(s) affected
- Children
- Year
- 2017
Paragraph
Study on illegal adoptions 2017, para. 96i
- Paragraph text
- [At the national level] [At the national level] [Specifically in respect of intercountry adoptions:] Annual quotas for adoptions by countries and/or agencies should be eliminated and the "reversal in the flow of files" approach should be adopted by refusing to accept any application that has not been initiated in relation to a child identified as requiring adoption abroad;
- Body
- Special Rapporteur on the sale and sexual exploitation of children, including child prostitution, child pornography and other child sexual abuse material
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Harmful Practices
- Movement
- Social & Cultural Rights
- Person(s) affected
- Children
- Year
- 2017
Paragraph
Study on illegal adoptions 2017, para. 97a
- Paragraph text
- [At the international level] [The Special Rapporteur invites the international community and international bodies to:] Increase technical cooperation to establish and strengthen effective child protection systems in countries of origin;
- Body
- Special Rapporteur on the sale and sexual exploitation of children, including child prostitution, child pornography and other child sexual abuse material
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- Children
- Year
- 2017
Paragraph
Study on illegal adoptions 2017, para. 95a
- Paragraph text
- [At the national level] [The Special Rapporteur invites all States to:] Ratify the Convention on the Rights of the Child and its three Optional Protocols, as well as the 1993 Hague Convention on Protection of Children and Cooperation in Respect of Intercountry Adoption, and incorporate the 2009 Guidelines for the Alternative Care of Children into national legislation;
- Body
- Special Rapporteur on the sale and sexual exploitation of children, including child prostitution, child pornography and other child sexual abuse material
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Children
- Year
- 2017
Paragraph
Study on illegal adoptions 2017, para. 95b
- Paragraph text
- [At the national level] [The Special Rapporteur invites all States to:] Adopt clear and comprehensive legislation that prohibits and criminalizes illegal adoption as a separate offence, as well as the sale of and trafficking in children that result in illegal adoptions, with sanctions that reflect the gravity of the crimes;
- Body
- Special Rapporteur on the sale and sexual exploitation of children, including child prostitution, child pornography and other child sexual abuse material
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Violence
- Person(s) affected
- Children
- Year
- 2017
Paragraph
Study on illegal adoptions 2017, para. 95d
- Paragraph text
- [At the national level] [The Special Rapporteur invites all States to:] Strengthen and invest more in effective national child protection systems, inter alia, by increasing support to vulnerable families, by providing alternative childcare measures in which adoption and in particular intercountry adoption respect the principle of subsidiarity and ensure the best interests of the child and by establishing adequate birth registration mechanisms;
- Body
- Special Rapporteur on the sale and sexual exploitation of children, including child prostitution, child pornography and other child sexual abuse material
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Children
- Families
- Year
- 2017
Paragraph
Study on illegal adoptions 2017, para. 95g
- Paragraph text
- [At the national level] [The Special Rapporteur invites all States to:] Take particular care in the use of adoption orders to establish a parent-child relationship in cases of international commercial surrogacy, and ensure that the adoption order is consistent with the child's rights and best interests, in order to avoid the illegal adoption of children born through international commercial surrogacy;
- Body
- Special Rapporteur on the sale and sexual exploitation of children, including child prostitution, child pornography and other child sexual abuse material
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Social & Cultural Rights
- Person(s) affected
- Children
- Families
- Year
- 2017
Paragraph
Study on illegal adoptions 2017, para. 91
- Paragraph text
- Illegal adoptions, namely adoptions that are the result of crimes such as the abduction and sale of and the trafficking in children or that are processed through the commission of other illegal acts or illicit practices such as the lack of proper consent of biological parents, fraud and improper financial gain, violate multiple child rights norms and principles, including the best interests of the child.
- Body
- Special Rapporteur on the sale and sexual exploitation of children, including child prostitution, child pornography and other child sexual abuse material
- Document type
- Special Procedures' report
- Topic(s)
- Movement
- Social & Cultural Rights
- Violence
- Person(s) affected
- Children
- Families
- Year
- 2017
Paragraph
Study on illegal adoptions 2017, para. 95e
- Paragraph text
- [At the national level] [The Special Rapporteur invites all States to:] Establish and implement a single, well-recognized process for adoption that includes a holistic assessment of the child's full range of rights, and prohibit private and independent adoptions;
- Body
- Special Rapporteur on the sale and sexual exploitation of children, including child prostitution, child pornography and other child sexual abuse material
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Harmful Practices
- Movement
- Social & Cultural Rights
- Person(s) affected
- Children
- Year
- 2017
Paragraph
Study on illegal adoptions 2017, para. 95j
- Paragraph text
- [At the national level] [The Special Rapporteur invites all States to:] Ensure the right to information about one's origins and access to information about the rights of victims of illegal adoptions, and facilitate the work of victims' organizations in that respect, including in terms of helping them to trace biological parents and children;
- Body
- Special Rapporteur on the sale and sexual exploitation of children, including child prostitution, child pornography and other child sexual abuse material
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Movement
- Social & Cultural Rights
- Violence
- Person(s) affected
- Children
- Families
- Year
- 2017
Paragraph
Study on illegal adoptions 2017, para. 96b
- Paragraph text
- [At the national level] [At the national level] [Specifically in respect of intercountry adoptions:] Governments of receiving countries should limit the number of adoption agencies accredited to work with any given country on the basis of a realistic assessment of the number of children who might require adoption abroad, and Governments of countries of origin should deny approval to accredited agencies when their number surpasses the objective needs;
- Body
- Special Rapporteur on the sale and sexual exploitation of children, including child prostitution, child pornography and other child sexual abuse material
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Social & Cultural Rights
- Person(s) affected
- Children
- Year
- 2017
Paragraph
Study on illegal adoptions 2017, para. 96h
- Paragraph text
- [At the national level] [At the national level] [Specifically in respect of intercountry adoptions:] Payments by agencies or prospective adopters to residential care facilities, including "care costs" for children awaiting the issuance of an adoption order, must be prohibited;
- Body
- Special Rapporteur on the sale and sexual exploitation of children, including child prostitution, child pornography and other child sexual abuse material
- Document type
- Special Procedures' report
- Topic(s)
- Movement
- Social & Cultural Rights
- Person(s) affected
- Children
- Year
- 2017
Paragraph
Study on illegal adoptions 2017, para. 95h
- Paragraph text
- [At the national level] [The Special Rapporteur invites all States to:] Establish and implement standardized information systems to obtain and share accurate and reliable data on domestic and intercountry adoptions, on children subject to adoption and on their family and background;
- Body
- Special Rapporteur on the sale and sexual exploitation of children, including child prostitution, child pornography and other child sexual abuse material
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Social & Cultural Rights
- Person(s) affected
- Children
- Families
- Year
- 2017
Paragraph
Study on illegal adoptions 2017, para. 95l
- Paragraph text
- [At the national level] [The Special Rapporteur invites all States to:] Take effective measures to protect children who are victims of armed conflict and natural disasters from becoming victims of illegal adoption.
- Body
- Special Rapporteur on the sale and sexual exploitation of children, including child prostitution, child pornography and other child sexual abuse material
- Document type
- Special Procedures' report
- Topic(s)
- Humanitarian
- Person(s) affected
- Children
- Year
- 2017
Paragraph
Tackling the demand for the sexual exploitation of children 2016, para. 84
- Paragraph text
- The Special Rapporteur highlights the importance of enhancing corporate social responsibility, particularly with regard to the servicing of demand. Existing guidelines, such as the Guiding Principles on Business and Human Rights, the Global Code of Ethics for Tourism and the Code of Conduct for the Protection of Children from Sexual Exploitation in Travel and Tourism, should be universally followed by members of the private sector and mainstreamed in all their activities and across the supply chain. Compliance with those guidelines should be enforced and monitored.
- Body
- Special Rapporteur on the sale and sexual exploitation of children, including child prostitution, child pornography and other child sexual abuse material
- Document type
- Special Procedures' report
- Topic(s)
- Violence
- Person(s) affected
- Children
- Year
- 2016
Paragraph
Sale of children for the purpose of forced labour 2016, para. 98
- Paragraph text
- The present study has shown that when harmful practices are socially accepted, protective factors are low and pull factors strong, a child can be sold and exploited in forced labour conditions. Addressing the issue therefore requires comprehensive approaches that take into account the demand factor as well as the specific vulnerabilities of children being sold for the purpose of forced labour, while recognizing children as rights holders, entitled to protection but also to recognition of their agency in function of their evolving capacities.
- Body
- Special Rapporteur on the sale and sexual exploitation of children, including child prostitution, child pornography and other child sexual abuse material
- Document type
- Special Procedures' report
- Topic(s)
- Violence
- Person(s) affected
- Children
- Year
- 2016
Paragraph
Sale of children for the purpose of forced labour 2016, para. 97
- Paragraph text
- The sale of children for the purpose of forced labour is a multifaceted phenomenon with diverse root causes, risk factors, manifestations and effects. Families may use the sale of children for the purpose of forced labour as a coping strategy for survival. Children, whether sold or entrusted to a third party, may fall into the hands of traffickers, who will in turn sell them for forced labour. They may also end up under the control of criminal organized groups. Demand for products with competitive prices is also a pull factor for the sale of children for forced labour and labour exploitation. In conflict situations, lawlessness and social, economic and institutional breakdown, as well as deliberate conflict strategies, may lead children to be abducted and sold for the purpose of forced labour.
- Body
- Special Rapporteur on the sale and sexual exploitation of children, including child prostitution, child pornography and other child sexual abuse material
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Movement
- Violence
- Person(s) affected
- Children
- Families
- Year
- 2016
Paragraph
Tackling the demand for the sexual exploitation of children 2016, para. 82f
- Paragraph text
- [The Special Rapporteur invites all States to:] Ensure that national legislation does not criminalize child victims of sexual abuse and exploitation and ensure that children are not placed on sex offender registers;
- Body
- Special Rapporteur on the sale and sexual exploitation of children, including child prostitution, child pornography and other child sexual abuse material
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- Children
- Year
- 2016
Paragraph
Tackling the demand for the sexual exploitation of children 2016, para. 80
- Paragraph text
- In 2016, it will be 20 years since the first World Congress against Commercial Sexual Exploitation of Children was held in Stockholm. Substantial commitments were made by several stakeholders in the declarations at the end of that Congress and the following two, which were held in Yokohama, Japan, in 2001 and in Rio de Janeiro, Brazil, in 2008. The Special Rapporteur hopes that the anniversary will be an opportunity to look back at the progress that has been achieved and focus specifically on the pledges that were made in respect to demand in the Rio de Janeiro Declaration and Call for Action to Prevent and Stop Sexual Exploitation of Children and Adolescents.
- Body
- Special Rapporteur on the sale and sexual exploitation of children, including child prostitution, child pornography and other child sexual abuse material
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- Adolescents
- Children
- Year
- 2016
Paragraph
Tackling the demand for the sexual exploitation of children 2016, para. 83c
- Paragraph text
- [The Special Rapporteur invites the international community to reinforce the coordinated global response by:] Holding military and peacekeeping troops and personnel accountable in cases of child sexual exploitation by having zero tolerance for such crimes, setting up prompt and thorough investigations, implementing strong penalties for those guilty of such crimes, taking measures such as suspension, repatriation and termination of the deployment and ensuring the follow-up to those procedures. Care, recovery and reintegration measures should also be provided to child victims as part of their right to a remedy.
- Body
- Special Rapporteur on the sale and sexual exploitation of children, including child prostitution, child pornography and other child sexual abuse material
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Violence
- Person(s) affected
- Children
- Year
- 2016
Paragraph
Tackling the demand for the sexual exploitation of children 2016, para. 83b (i)
- Paragraph text
- [The Special Rapporteur invites the international community to reinforce the coordinated global response by:] Strengthening international cooperation as is required by the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography in key areas, by: Sharing and updating information related to child victims and offenders to effectively investigate and prosecute perpetrators and criminal networks responsible for the sexual exploitation of children;
- Body
- Special Rapporteur on the sale and sexual exploitation of children, including child prostitution, child pornography and other child sexual abuse material
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- Children
- Year
- 2016
Paragraph
Tackling the demand for the sexual exploitation of children 2016, para. 83b (iii)
- Paragraph text
- [The Special Rapporteur invites the international community to reinforce the coordinated global response by:] Strengthening international cooperation as is required by the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography in key areas, by: Promoting active membership of INTERPOL and partaking in and utilizing effectively the Green Notice system, particularly for the identification of travelling sex offenders;
- Body
- Special Rapporteur on the sale and sexual exploitation of children, including child prostitution, child pornography and other child sexual abuse material
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- Children
- Year
- 2016
Paragraph
Sale of children for the purpose of forced labour 2016, para. 99n
- Paragraph text
- [The Special Rapporteur invites all States to:] Ensure that children who have been sold for the purpose of forced labour have the ability to be heard and contribute to developing strategies to address the phenomenon in a way that ensures that their rights and needs are taken into account.
- Body
- Special Rapporteur on the sale and sexual exploitation of children, including child prostitution, child pornography and other child sexual abuse material
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Violence
- Person(s) affected
- Children
- Year
- 2016
Paragraph
Sale of children for the purpose of forced labour 2016, para. 100d
- Paragraph text
- [The Special Rapporteur invites the international community to:] Actively participate in and support Alliance 8.7 and the Global Partnership to End Violence against Children, both of which aim to achieve the Sustainable Development Goals to ensure that children grow up free from violence and exploitation.
- Body
- Special Rapporteur on the sale and sexual exploitation of children, including child prostitution, child pornography and other child sexual abuse material
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Violence
- Person(s) affected
- Children
- Year
- 2016
Paragraph
Tackling the demand for the sexual exploitation of children 2016, para. 82g
- Paragraph text
- [The Special Rapporteur invites all States to:] Ensure easy access to child-sensitive complaint and reporting mechanisms through comprehensive and adequately resourced child protection systems in order to facilitate the detection, investigation and prosecution of offenders;
- Body
- Special Rapporteur on the sale and sexual exploitation of children, including child prostitution, child pornography and other child sexual abuse material
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- Children
- Year
- 2016
Paragraph
Tackling the demand for the sexual exploitation of children 2016, para. 83a
- Paragraph text
- [The Special Rapporteur invites the international community to reinforce the coordinated global response by:] Reinforcing the comprehensive and global legal framework preventing and criminalizing the sexual exploitation of children with explicit guidance on penalties;
- Body
- Special Rapporteur on the sale and sexual exploitation of children, including child prostitution, child pornography and other child sexual abuse material
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- Children
- Year
- 2016
Paragraph
Tackling the demand for the sexual exploitation of children 2016, para. 85
- Paragraph text
- There is a need for State intervention when the private sector does not take sufficient measures to ensure that it does not become or remain a facilitator in the demand for the sexual exploitation of children. Measures such as conducting background checks, particularly for employment that involves coming into contact with children, such as childcare workers, should become a mandatory practice.
- Body
- Special Rapporteur on the sale and sexual exploitation of children, including child prostitution, child pornography and other child sexual abuse material
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Violence
- Person(s) affected
- Children
- Year
- 2016
Paragraph