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Study on illegal adoptions 2017, para. 73
- Paragraph text
- Private and independent adoptions are initiated and processed without the oversight of competent authorities, and therefore often involve illicit practices. They are incompatible with the 1993 Hague Convention. Many such adoptions, however, occur in countries of origin that are not parties to the Convention, where procedures and systems may fall below international standards. Some receiving States also permit private and independent adoptions when they are carried out from countries of origin that are not parties to the Convention. This may spur those determined to adopt at any cost to turn to non-States parties to the Convention.
- 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
- N.A.
- Year
- 2017
Paragraph
Study on illegal adoptions 2017, para. 96d
- Paragraph text
- [At the national level] [At the national level] [Specifically in respect of intercountry adoptions:] In dealing with States not parties to the 1993 Hague Convention, receiving countries that are parties to the Convention should apply as far as practicable the standards and safeguards of the Convention, prevent their nationals and agencies from creating a situation where illegal adoptions are bound to occur and assist authorities in States not parties to the Convention in stemming the flow;
- 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
- N.A.
- Year
- 2017
Paragraph
Study on illegal adoptions 2017, para. 87
- Paragraph text
- Even though transitional justice measures in the context of searches for biological origins have been applied following regime change, the same principles can be used to respond to the quests for truth, justice, reparation and guarantees of non-recurrence carried out by victims of other large-scale illegal adoptions, when such violations have been tolerated or directly committed by the State. The few responses of States to such cases reflect a piecemeal approach and a chequered pattern of denial, resistance, acknowledgement and assistance. The exception to this is Australia, where in 2012 the Senate released the findings and recommendations arising from an enquiry into former forced adoption policies and practices. The decision to release the findings and recommendations constituted an exercise in truth-seeking, a recognition of past wrongdoing, reparation and guarantees of non-recurrence through legislative, institutional and policy reforms.
- 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
- N.A.
- Year
- 2017
Paragraph
Study on illegal adoptions 2017, para. 68
- Paragraph text
- Although some bilateral agreements have been signed between countries of origin that are not parties to the 1993 Hague Convention and receiving countries, they often do not meet the standards of the Convention and delay accession to it by non-States parties. Moreover, the existence of such agreements increases the risk of undue pressure from the receiving country on the country of origin to ensure that intercountry adoptions occur regardless of the actual need.
- 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
- N.A.
- Year
- 2017
Paragraph
Study on illegal adoptions 2017, para. 72
- Paragraph text
- States have adopted various measures to regulate and control adoption processes with the aim of preventing and addressing illegal acts and illicit practices. Most of the measures covered in the present section apply to intercountry adoptions and reflect the efforts of both countries of origin and receiving countries to tackle the numerous illegal acts and illicit practices affecting such 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
- Movement
- Social & Cultural Rights
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
Study on illegal adoptions 2017, para. 79
- Paragraph text
- Central authorities in receiving countries have sometimes strengthened efforts to conclude adoptions from countries of origin that are not parties to the 1993 Hague Convention, where regulations and procedures may be less strict. That approach involves major increases in intercountry adoptions from the countries concerned until it is deemed necessary to take measures to address the illicit practices that stem from it.
- 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
- N.A.
- Year
- 2017
Paragraph
Study on illegal adoptions 2017, para. 96f
- Paragraph text
- [At the national level] [At the national level] [Specifically in respect of intercountry adoptions:] The provision of development or humanitarian aid must not be linked to an authorization to carry out 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
- Humanitarian
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
Study on illegal adoptions 2017, para. 62
- Paragraph text
- The undue payment of intermediaries both in the context of domestic and intercountry adoptions is a major issue, as shown in the country profiles maintained by the Bureau of Consular Affairs of the United States Department of State, which describe the practice of unofficially expediting the transfer of money or unexpected fees, as well as donations, to several 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
- Movement
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
Study on illegal adoptions 2017, para. 94
- Paragraph text
- In addition, countries of origin and receiving countries bear joint responsibility for ensuring the rights to truth, justice, reparation and guarantees of non-recurrence of victims of large-scale illegal adoptions that were tolerated or actively promoted by the State. States must acknowledge their responsibility vis-à-vis illegal adoptions by anticipating strategies and adopting comprehensive measures to ensure accountability and provide redress to victims.
- 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
- Movement
- Social & Cultural Rights
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
Study on illegal adoptions 2017, para. 96j
- Paragraph text
- [At the national level] [At the national level] [Specifically in respect of intercountry adoptions:] Governments should ensure that any technical assistance to countries of origin is provided in a coordinated and impartial manner, such as through the good offices of the Intercountry Adoption Technical Assistance Programme of the Hague Conference on Private International Law.
- 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
- N.A.
- Year
- 2017
Paragraph
Study on illegal adoptions 2017, para. 98a
- Paragraph text
- [At the international level] [States parties to the 1993 Hague Convention should:] Recognize and encourage the expert group on the financial aspects of intercountry adoption and the working group on preventing and addressing illicit practices in intercountry adoption of the Hague Conference on Private International Law to develop concrete proposals for tackling the enabling environment in which illegal adoptions flourish;
- 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
- N.A.
- Year
- 2017
Paragraph
Study on illegal adoptions 2017, para. 96a
- Paragraph text
- [At the national level] [At the national level] [Specifically in respect of intercountry adoptions:] Central authorities should ensure the effective monitoring of activities of adoption accredited bodies to guarantee their transparency and accountability;
- 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
- N.A.
- Year
- 2017
Paragraph
Study on illegal adoptions 2017, para. 96e
- Paragraph text
- [At the national level] [At the national level] [Specifically in respect of intercountry adoptions:] Official fees must be sufficient to cover costs and full details must be made available for public consultation;
- 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
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
Study on illegal adoptions 2017, para. 58
- Paragraph text
- Such systemic issues create an environment that enables illegal adoptions and that Governments, both in countries of origin and in receiving countries, are allowing or promoting through laws and policies, often taking advantage of 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)
- Governance & Rule of Law
- Movement
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
Study on illegal adoptions 2017, para. 98c
- Paragraph text
- [At the international level] [States parties to the 1993 Hague Convention should:] Encourage the Hague Conference to compile good practices and lessons learned regarding moratoriums on intercountry 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
- Social & Cultural Rights
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
Study on illegal adoptions 2017, para. 95c
- Paragraph text
- [At the national level] [The Special Rapporteur invites all States to:] Review national laws and regulations to ensure that they do not contribute to the creation or maintenance of an enabling environment for illegal 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
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
Study on illegal adoptions 2017, para. 15
- Paragraph text
- In preparation for the study, the Special Rapporteur held an expert meeting in Leiden, the Netherlands, on 19 and 20 September 2016. The Special Rapporteur wishes to thank Leiden University for hosting the meeting, Terre des Hommes Netherlands for organizing it and for providing resources for the substantive research, and the expert participants for their inputs during the preparation of the study.
- 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
- N.A.
- Year
- 2017
Paragraph
Study on illegal adoptions 2017, para. 97c
- Paragraph text
- [At the international level] [The Special Rapporteur invites the international community and international bodies to:] Support the establishment of an international body of experts on transitional justice and illegal adoptions to advise on and promote measures to provide redress to victims of large-scale illegal adoptions and prevent further abuses through adequate legal, policy and institutional reforms.
- 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
- N.A.
- Year
- 2017
Paragraph
Study on illegal adoptions 2017, para. 67
- Paragraph text
- The existence of intercountry adoptions from countries of origin that are not party to the 1993 Hague Convention is linked to a higher risk of illegal adoptions. Some major States of origin, such as Ethiopia, the Russian Federation and Ukraine, are not yet party to the Convention, which means that many intercountry adoptions do not benefit from its guarantees and safeguards. States parties to the Convention, in their relations with non-contracting States, are expected to apply as far as practicable the standards and safeguards of the Convention.
- 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
- N.A.
- Year
- 2017
Paragraph
Study on illegal adoptions 2017, para. 98b
- Paragraph text
- [At the international level] [States parties to the 1993 Hague Convention should:] Increase resources to the Hague Conference on Private International Law to enable the Special Commission on the practical operation of the 1993 Hague Convention to hold more regular meetings, and ensure that States of origin can attend those meetings;
- 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
- N.A.
- Year
- 2017
Paragraph
Study on illegal adoptions 2017, para. 100
- Paragraph text
- [At the international level] National human rights institutions and civil society organizations should convey concerns about illegal adoptions and international commercial surrogacy arrangements in the context of the universal periodic review process and the review by the Committee on the Rights of the Child of State party 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)
- Governance & Rule of Law
- Movement
- Violence
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
Study on illegal adoptions 2017, para. 96g
- Paragraph text
- [At the national level] [At the national level] [Specifically in respect of intercountry adoptions:] Contributions and donations should be clearly separated from 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)
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
Sale of children for the purpose of forced labour 2016, para. 80
- Paragraph text
- Awareness of the important role of intermediaries has given rise to various initiatives to try and regulate their practices. Social partners for the temporary agency sector signed a memorandum of understanding in 2008 to avoid the negative effects of competition in the labour market on workers' rights and conditions. In 2015, the International Confederation of Private Employment Services adopted a new code of conduct for its members, which reiterates the prohibition on charging fees to jobseekers and provides for a complaint mechanism if a member breaks the rule. While those are positive steps, codes of conduct are not legally binding.
- 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
- N.A.
- Year
- 2016
Paragraph
Tackling the demand for the sexual exploitation of children 2016, para. 82c
- Paragraph text
- [The Special Rapporteur invites all States to:] Ensure that criminal proceedings against offenders can always be initiated ex officio;
- 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
- N.A.
- Year
- 2016
Paragraph
Tackling the demand for the sexual exploitation of children 2016, para. 58
- Paragraph text
- The Convention is also important in respect to intermediaries. Indeed, it specifically lists measures such as the seizure and confiscation of proceeds derived from the relevant offences or property equivalent in value. Targeting financial proceeds is a particularly strong deterrent and reparatory measure, since on the one hand intermediaries are motivated by profit and on the other hand the seized resources can be used to fund care, recovery and reintegration programmes.
- 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
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2016
Paragraph
Tackling the demand for the sexual exploitation of children 2016, para. 82h
- Paragraph text
- [The Special Rapporteur invites all States to:] Ensure and strengthen capacity-building and specialist training of relevant professionals, ranging from social services and education professionals to law enforcement personnel and magistrates, to effectively detect, investigate, prosecute and sanction 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
- N.A.
- Year
- 2016
Paragraph
Tackling the demand for the sexual exploitation of children 2016, para. 77
- Paragraph text
- Unfortunately, the above-mentioned private sector initiatives are all voluntary and are not binding. An added challenge is the multiplication of suppliers, which renders the recognition and acceptance of the standards by all the entities concerned difficult. Moreover, most of the initiatives do not come with a monitoring mechanism; when they do, it is weak and lacks external oversight.
- 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
- N.A.
- Year
- 2016
Paragraph
Sale of children for the purpose of forced labour 2016, para. 99i
- Paragraph text
- [The Special Rapporteur invites all States to:] Support the private sector in establishing mechanisms for monitoring and ensuring the accountability of subcontractors at all levels of the supply chain;
- 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
- N.A.
- Year
- 2016
Paragraph
Sale of children for the purpose of forced labour 2016, para. 99h
- Paragraph text
- [The Special Rapporteur invites all States to:] Strengthen governance structures which ensure an adequate labour inspection system and limit corruption, implement adequate sanctions for non compliance and strengthen the role of independent human rights institutions in monitoring labour conditions;
- 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
- All
- N.A.
- Year
- 2016
Paragraph
Tackling the demand for the sexual exploitation of children 2016, para. 82j
- Paragraph text
- [The Special Rapporteur invites all States to:] Establish and extend prevention programmes, both offline and online, targeting potential offenders and providing them with support and follow-up;
- 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
- N.A.
- Year
- 2016
Paragraph