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Effective Implementation of the OPSC 2010, para. 46
- Paragraph text
- In traditionally patriarchal societies, social stratification according to age does not grant children the status of fully fledged persons. Their opinions are neither respected nor taken into account by the family and the community. Children cannot challenge what adults say, or refuse to carry out their orders. The authority of parents and other adults is sovereign and does not recognize a child's right to express himself or herself, since such expression is considered a sign of poor upbringing and a lack of respect. Children are not considered as individuals; family and the community have primacy.
- 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
- Social & Cultural Rights
- Person(s) affected
- Children
- Families
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Effective Implementation of the OPSC 2010, para. 81
- Paragraph text
- Unregistered children have no access to services to which they are entitled, including protection, health care and education. Registering a child's birth is a vital step towards his or her protection. As an official document specifying a child's age, a birth record allows appropriate legal steps to be taken with a view to ensuring that child's protection and penalising offenders in confirmed cases of exploitation or sexual exploitation. Children who possess a birth record are less likely to be sold than those who do not. In addition, a birth record is an acknowledgement of parentage that can often guard against 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)
- Governance & Rule of Law
- Violence
- Person(s) affected
- Children
- Families
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Comprehensive child protection systems 2011, para. 42e
- Paragraph text
- [The most effective responses are multidisciplinary and take into account the various types of short-, mid- and long-term care and assistance that child victims require for their full recovery and reintegration. True efficacy requires that responses be:] Able to offer safe and child-friendly alternative or residential care that accommodates the basic needs of child victims, is governed by child protection norms and standards and is subject to regular monitoring. To that end, it is essential to establish minimum standards for alternative and residential care. All registered centres must be required to submit monthly reports on the arrival and departure of children and details related to their care and transfer;
- 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
- Person(s) affected
- Children
- Families
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Comprehensive child protection systems 2011, para. 55
- Paragraph text
- Responsibility for ensuring the participation of children is broadly shared by local governments and authorities, people who work directly with or on behalf of children, parliaments and legislatures, non-governmental organizations and civil society, independent national human rights institutions, the private sector and corporate entities, religious, spiritual, cultural and indigenous leaders, and regional and international organizations and multilateral agencies. The mass media also has an important role to play in communicating the value of children's participation for all children, families and wider society.
- 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
- Ethnic minorities
- Families
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Joint report with SRSG Violence against Children on child-sensitive complaint mechanisms 2011, para. 38
- Paragraph text
- Where the right to seek a judicial remedy is limited to older children, younger children may turn to administrative bodies, which may initiate legal proceedings if they consider it appropriate. In Ecuador, for example, where children over the age of 12 "may personally take legal action for the protection of their rights", younger children may request assistance to protect their rights when action concerning their legal guardian is needed. In the Russian Federation and Belarus, children of any age may make complaints to the competent administrative authorities concerning parents or other persons acting in loco parentis.
- 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
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Children
- Families
- Older persons
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Protection of children from sale and sexual exploitation following humanitarian crisis due to natural disasters 2012, para. 40
- Paragraph text
- Premised on the understanding that separation is preventable, the Inter-agency guiding principles on unaccompanied and separated children outline specific actions to be taken at the policy and field levels, and address prevention, family tracing and reunification, interim care and long-term solutions. The document also outlines three complementary types of action that are needed to help unaccompanied and separated children, namely, responsive action to prevent, stop and/or alleviate the immediate effects of a specific pattern of abuse; remedial action to restore dignified living conditions through rehabilitation, restitution and reparation; and environment building to create and/or consolidate an environment (political, institutional, legal, social, cultural and economic) that enables full respect for the rights 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)
- Governance & Rule of Law
- Social & Cultural Rights
- Violence
- Person(s) affected
- Children
- Families
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Protection of children from sale and sexual exploitation following humanitarian crisis due to natural disasters 2012, para. 59
- Paragraph text
- Family tracing and reunification is one of the principal strategies emphasized by international organizations and aid agencies to ensure that child protection is incorporated into emergency response programmes. One such tool is the Inter-agency family tracing and reunification (FTR) programme which seeks to facilitate family tracing and reunification in an emergency and strengthen the capacity of governments to register children. The Working Group on Rapid Registration and Interim Care for Unaccompanied Children, in consultation with the Haitian Government's social welfare department, developed standard operating procedures for family tracing and reunification following the 2010 earthquake. As a result of their efforts, 1,303 children were reunited with their families or caregivers in Haiti. In Eritrea, UNICEF supported 5,407 orphans and vulnerable children through family reunification, foster care group homes and domestic 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)
- Governance & Rule of Law
- Humanitarian
- Movement
- Person(s) affected
- Children
- Families
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Protection of children from sale and sexual exploitation following humanitarian crisis due to natural disasters 2012, para. 109
- Paragraph text
- Efforts should be undertaken to accurately record the basic details of a child's identity, including the name of the child and her/his parents, details of their residence and community, the date of evacuation, and to whom the child was entrusted for care. Each child should receive a copy of his/her file which should stay on their person and should include travel documents. Each child should have a name tag pinned to his/her clothing which also indicates the name of the child's community of origin. When possible, a photograph of the child should be taken and included in the files. Copies of files should be given to parents, national authorities, the organization responsible for evacuation (if necessary) and a neutral monitoring agency, such as the ICRC's Central Tracing Agency.
- 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
- Movement
- Person(s) affected
- Children
- Families
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Child participation 2012, para. 14
- Paragraph text
- While the Convention on the Rights of the Child does not explicitly include a right to participation, it contains a cluster of articles considered to be "participation articles". The term "participation" has been adopted by the Committee on the Rights of the Child and the wider child rights community to describe the realization of the rights enshrined in those articles. Article 12 of the Convention states that every child capable of forming views has the right to express those views freely in all matters affecting him or her and that those views must be given due weight in accordance with the child's age and maturity. This is not only a fundamental right, but also a guiding principle of the Convention. Article 5 points out that, when providing direction and guidance in the exercise by children of their rights, parents and other guardians must take into consideration the evolving capacities of children. Articles 13 to 17 further address the child's right to freedom of expression, thought, conscience, religion, association, peaceful assembly, protection of privacy and access to information and material.
- 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
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Children
- Families
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Child participation 2012, para. 101a
- Paragraph text
- [A mapping and assessment of child participation must be carried out, in accordance with the relevant principles and standards, with a view to identifying the remaining achievements and gaps. The mapping process must involve all the principal stakeholders in child protection (public and private sectors, national human rights institutions, non-governmental organizations), including children and communities, with a view to ensuring effective and sustainable child participation. If necessary, legislative changes should be introduced to protect and promote child participation rights in order:] To establish a legal framework in compliance with international standards: legislation must ensure that children can express their views freely in all matters affecting them, in general terms and in particular settings, such as within the family, education, alternative care, health care, custody and in all judicial and administrative proceedings affecting them;
- 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)
- Education
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Children
- Families
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Child participation 2012, para. 101e
- Paragraph text
- [A mapping and assessment of child participation must be carried out, in accordance with the relevant principles and standards, with a view to identifying the remaining achievements and gaps. The mapping process must involve all the principal stakeholders in child protection (public and private sectors, national human rights institutions, non-governmental organizations), including children and communities, with a view to ensuring effective and sustainable child participation. If necessary, legislative changes should be introduced to protect and promote child participation rights in order:] To establish and maintain a child-friendly and enabling environment that ensures protection and safety, and to design and implement awareness-raising programmes targeting adults (parents, caregivers, professionals and policymakers) with a view to changing social perceptions and promoting child participation in families, schools, institutions, communities and policymaking spaces;
- 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
- Social & Cultural Rights
- Person(s) affected
- Children
- Families
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Sexual exploitation of children in travel and tourism 2013, para. 65
- Paragraph text
- Many challenges, however, exist in obtaining child victim and witness testimonies, including not only fear and the risk of running away, but also bribing of the child or his/her family by the perpetrator, emotional trauma, mental or other infirmity, or even the difficulty in identifying the victims due to lack or inaccuracy of birth certificates. Video testimonies can overcome some of these challenges, but skilled, efficient and immediate investigation of the case and support to the victim/witness are key. To this purpose, the Australian Federal Police is developing a child witness support programme, which will include a dedicated liaison officer focusing on the welfare of the witness. This process will ensure that child witnesses are adequately supported and that there is a degree of separation between the investigative and prosecution processes.
- 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
- Health
- Violence
- Person(s) affected
- Children
- Families
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Reflection on a 6-year tenure as Special Rapporteur on the sale of children, child prostitution and child pornography 2014, para. 11
- Paragraph text
- An analysis of the core substantive aspects of the Special Rapporteur's mandate points to a worsening of several manifestations of the sale and sexual exploitation of children. However, the real scope is still unknown due to various factors, such as the inadequacy of some legislation, which does not clearly define all the relevant offences, the absence of reliable data on the extent of the violations and their evolution over time and the lack of transnational information sharing. Moreover, the criminal nature of these activities implies that they are generally hidden. Most children and families do not report cases of abuse and exploitation because of stigma, a fear of reprisals and a lack of trust in the authorities. The social tolerance that can exist with respect to these phenomena and the lack of awareness also contribute to under-reporting. Taking these limitations into consideration, the studies and reports that are available nevertheless provide an overall picture of the phenomenon today.
- 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
- Families
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Joint report with SRSG Violence against Children on child-sensitive complaint mechanisms 2011, para. 37
- Paragraph text
- In some countries the exercise of this right is limited to older children. In Russia, for example, children 14 or older can take legal action to seek protection from their parents or other persons exercising parental authority. In Tunisia, children over the age of discretion (13 years) may take legal action in "matters of special urgency and in the case of danger at home".
- 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
- Governance & Rule of Law
- Person(s) affected
- Children
- Families
- Older persons
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Protection of children from sale and sexual exploitation following humanitarian crisis due to natural disasters 2012, para. 39
- Paragraph text
- CPWG provides practical guidance through its handbooks and toolkits on child protection in emergency situations. A CPWG task force is currently developing a set of minimum standards for child protection in emergencies on issues such as family tracing and reunification, child-friendly spaces and the reintegration 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
- Humanitarian
- Person(s) affected
- Children
- Families
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Comprehensive, rights-based and child-centred care, recovery and reintegration programmes 2015, para. 36
- Paragraph text
- It is a widely held belief, reinforced by the fact that it is the victims who are often arrested and put in jail while the exploiters remain free, that the victim is to blame for his/her predicament. A study of tolerance of sexual exploitation of children in selected countries of Latin America was carried out by IPEC. The results, published in 2009, showed that one in four respondents believed that the child victims were themselves responsible for their situation. Families often consider child victims of trafficking to be "tainted" or "unworthy", leading to abandonment and social isolation of the children and exacerbating the loss of a sense of self.
- 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
- Families
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Comprehensive, rights-based and child-centred care, recovery and reintegration programmes 2015, para. 88d (x)
- Paragraph text
- [The Special Rapporteur invites all States:] To establish comprehensive, rights-based and child-centred care, recovery and reintegration programmes, with a gender perspective, through a full range of laws, policies and services that will: Promote partnerships and cooperation in the development of programmes, including awareness-raising and education programmes targeted at families, communities and society at large, to change negative attitudes and address stigma and discrimination against child victims, with the involvement of civil society, the private sector, academic institutions 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)
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Person(s) affected
- Children
- Families
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Information and communication technologies and the sale and sexual exploitation of children 2015, para. 79
- Paragraph text
- The guidelines for industry on child online protection created by the International Telecommunication Union and UNICEF assist industry in understanding how to act in a corporately responsible way. They develop five key areas for protecting and promoting human rights: (a) integrating child rights considerations into all corporate policies and management processes; (b) developing standard processes to handle child sexual abuse material; (c) creating a safer and age-appropriate online environment; (d) educating children, parents and teachers about children's safety and their responsible use of information and communication technologies; and (e) promoting digital technology as a mode for increasing civic engagement. The guidelines are important in that they recognize the power that industry has over the consumer, both adult and child. The Internet industry is uniquely placed to get messages across to children and parents, but also to act as a conduit for reporting suspicions and blocking inappropriate material.
- 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
- Violence
- Person(s) affected
- Children
- Families
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Sale of children for the purpose of forced labour 2016, para. (b)
- Paragraph text
- Through the sale, the person receiving the child holds control over the child and the child loses his or her freedom and the possibility of leaving the situation. Consent, of the child or of his or her parent(s) or legal guardian, is irrelevant. The impossibility of leaving the situation may be the result of coercion. The threat may affect the child him or herself, or a third party. Forms of coercion concerning children can be much lighter than those considered for adults and can sometimes be simply the result of dependency, given children's limited agency, greater vulnerability to being influenced and sensitivity to threats;
- 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
- Families
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Tackling the demand for the sexual exploitation of children 2016, para. 59
- Paragraph text
- An essential aspect of accountability and thus of the proportionality of penalties is to ensure the safety of victims. The United Nations Model Strategies and Practical Measures on the Elimination of Violence against Children in the Field of Crime Prevention and Criminal Justice underline that protection and assistance measures for child victims of violence must continue after the person accused of that violence has been convicted and sentenced. Member States should particularly ensure the right of a child victim of violence, or his or her parents or legal guardian, to be notified of the offender's release from detention or imprisonment if they so wish. They should also ensure that the risk to a child victim of violence and the best interests of that child are considered at the time of making decisions concerning the release of the offender from detention or imprisonment or the re-entry of the offender into society.
- 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
- Families
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Study on illegal adoptions 2017, para. 17
- Paragraph text
- The Convention provides in article 20 that a child temporarily or permanently deprived of his or her family environment, or in whose own best interests cannot be allowed to remain in that environment, shall be entitled to special protection and assistance provided by the State. The care envisaged in the Convention can include foster placement, kafalah of Islamic law, adoption or if necessary placement in suitable institutions for the care of children. In that context, adoption should be understood as one possibility among several alternative child protection measures to provide a family environment to the child. In addition, the development of international child rights norms and standards shows that the placement in institutions should only be used as a measure of last resort, when it is absolutely necessary and when it is in 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)
- Governance & Rule of Law
- Movement
- Social & Cultural Rights
- Person(s) affected
- Children
- Families
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Study on illegal adoptions 2017, para. 18
- Paragraph text
- Article 21 of the Convention sets the best interests of the child as the paramount consideration in all matters related to adoption. In addition, its implementation obliges States to ensure that the adoption of a child is authorized only by competent authorities who determine, in accordance with applicable law and procedures, that the adoption is permissible in view of the child's status concerning parents, relatives and legal guardians and that, if required, the persons concerned have given their informed consent to the adoption on the basis of such counselling as may be necessary. Article 24 of the African Charter on the Rights and Welfare of the Child and article 4 of the European Convention on the Adoption of Children (Revised) also require the best interests of the child to be the paramount consideration in adoption processes.
- 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
- Date added
- Aug 19, 2019
Paragraph
Study on illegal adoptions 2017, para. 19
- Paragraph text
- In addition, in respect to intercountry adoptions, article 21 of the Convention on the Rights of the Child establishes the principle of subsidiarity and the prohibition of improper financial gain for those involved in the adoption process. It also establishes that the same level of safeguards and standards for domestic adoptions apply in the context of intercountry adoptions. Regarding the principle of subsidiarity, article 21 states that intercountry adoption may be considered as an alternative means of child's care, if the child cannot be placed in a foster or an adoptive family or cannot in any suitable manner be cared for in the child's country 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
- Harmful Practices
- Movement
- Social & Cultural Rights
- Person(s) affected
- Children
- Families
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Study on illegal adoptions 2017, para. 21
- Paragraph text
- The subsidiarity principle must be applied in accordance with the Guidelines for the Alternative Care of Children, which involves supporting efforts to keep children in, or return them to, the care of their family or, failing that, to find another appropriate and permanent solution, including adoption. While looking for permanent solutions, or in cases where they are not possible or are not in the best interests of the child, the most suitable forms of alternative care have to be found. States also have the duty, as set out in article 18 of the Convention on the Rights of the Child, to assist parents and legal guardians in the performance of their child-rearing responsibilities, and to ensure the development of institutions, facilities and services for the care 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
- Families
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Study on illegal adoptions 2017, para. 38
- Paragraph text
- Large-scale illegal adoptions have also taken place in the context of conflicts or authoritarian regimes and their aftermath. During the military dictatorship that ruled Argentina from 1976 to 1983, for example, the authorities abducted hundreds of children from parents considered to be opponents of the regime. In most cases, arbitrarily detained pregnant women had their children removed once they had given birth; in other cases, children were arrested along with their parents and then separated from them. All the parents were forcibly disappeared or murdered by the regime. The babies were registered as the biological children of families close to or linked with the regime or of the individuals who had abducted them, and in some cases were given up for adoption. The falsification of documents was widely used to officialize such illegal acts and illicit practices.
- 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
- Families
- Women
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Study on illegal adoptions 2017, para. 39
- Paragraph text
- The above-mentioned motivations for carrying out illegal adoptions often overlapped, as was notably the case in Spain throughout the Franco regime and during the first decades of democracy. Indeed, the practice of illegally adopting children for ideological and religious reasons soon morphed into a profit-driven criminal activity. Thousands of newborn babies were reportedly abducted from their parents by criminal networks involved in large-scale illegal adoptions. Medical personnel and clergy members actively participated in the abduction of children. Newborn babies were abducted from hospitals and subsequently told that their parents had died. The children were then given to other parents following the falsification of documents and, in certain cases, payments.
- 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
- Families
- Infants
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Study on illegal adoptions 2017, para. 52
- Paragraph text
- International commercial surrogacy is a growing phenomenon quickly overtaking the number of intercountry adoptions. The international regulatory vacuum that persists in relation to international commercial surrogacy arrangements leaves children born through this method vulnerable to breaches of their rights, and the practice often amounts to the sale of children and may lead to illegal adoption. Indeed, several countries do not recognize such arrangements and, in order to establish a parent-child relationship, national laws often require parents to legally adopt the child born through international commercial surrogacy. However, if the international commercial surrogacy arrangement is found to amount to the sale of a child, the adoption too will consequently be illegal under international standards. Such a situation underscores the need for States to ensure that they are not inadvertently legitimizing the sale of children born through international commercial surrogacy by granting adoption orders.
- 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
- Families
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Study on illegal adoptions 2017, para. 65
- Paragraph text
- The fact that intercountry adoptions are mediated by private agencies means that they too can enable illegal practices. This is particularly true in respect of private agencies that are not authorized to work as adoption accredited bodies. Such agencies usually finance their operations by charging fees to prospective adoptive parents. As those fees will not be forthcoming unless the agency secures children for adoption, some agencies employ methods or accept conditions that encourage the commission of illegal acts and illicit practices. In some instances, the demand for adoptable children creates an unhealthy competition among agencies. Adoption agencies often claim that they lack knowledge of illicit practices or that they lack control over intermediaries in countries of origin. However, the financial gain behind the illicit practices, which is often linked to money-laundering, often puts such claims into question.
- 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
- Families
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Study on illegal adoptions 2017, para. 78
- Paragraph text
- Some central authorities in countries of origin consider the setting of quotas as a positive measure to filter demand and repel pressure from receiving countries. Others, however, argue that quotas are instituted to address the actual demand and consequently do not resolve the issues raised by excessive demand. International Social Service, a federation of non-governmental organizations, has long argued for "a reversal in the flow of files" to ensure that intercountry adoptions are processed in the best interests of the child. Such a reversal would mean that adoption applications should only be sent to the authorities of a country of origin in response to a request made for prospective adoptive parents appropriate for a specific child in need of 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)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Children
- Families
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Study on illegal adoptions 2017, para. 84
- Paragraph text
- Guatemala presents one of the few examples of investigation and prosecution efforts having been made with the aim of dismantling criminal structures. In 2011, with the support of the United Nations-backed International Commission against Impunity in Guatemala, the Public Prosecutor's Office proved the existence of a criminal structure involved in trafficking in children for the purpose of illegal intercountry adoptions operated by owners of residential facilities with the complicity of lawyers, registrars and judges. Despite the convictions, the case illustrated the difficulties in balancing the conflicting needs and desires of those involved in adoptions (adoptees, adoptive parents and biological parents) and the interests of justice.
- 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
- Families
- Year
- 2017
- Date added
- Aug 19, 2019
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