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Preliminary survey on the root causes of attacks and discrimination against persons with albinism 2016, para. 7
- Paragraph text
- Myths about albinism include the belief that a child with albinism is a curse meted out on the mother or family of the child. It is also sometimes believed that children with albinism are the result of their family's or parent's evildoing and they are therefore considered a punishment to the whole family and community. In most cases, the blame for having a child with albinism is often attributed to the mother because the curse is believed to be matrilineal, transmitted by the mother's side of the family. There are also beliefs that women who give birth to children with albinism are unclean, or even in some cases witches. A similar myth is that the mother of a child with albinism stepped onto something evil, leading to a curse on the whole family.
- Body
- Independent Expert on the enjoyment of human rights by persons with albinism
- Document type
- Special Procedures' report
- Topic(s)
- Harmful Practices
- Person(s) affected
- Children
- Families
- Women
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Preliminary survey on the root causes of attacks and discrimination against persons with albinism 2016, para. 9
- Paragraph text
- Further, it is also sometimes believed that albinism can be contracted by being in contact with albinism. The same myth is extended to things that have been touched by persons with albinism. There are also beliefs that if a pregnant woman looks at a person with albinism, even unintendedly, her unborn child will be born with albinism, unless she spits to neutralize the "curse". Persons spit at the person with albinism, on the floor, inside their shirts or on their stomachs in the case of pregnant women. One mother of a child with albinism reported that she gave birth to a child with albinism for having herself stared too hard at a person with albinism while fetching water during her pregnancy.
- Body
- Independent Expert on the enjoyment of human rights by persons with albinism
- Document type
- Special Procedures' report
- Topic(s)
- Harmful Practices
- Person(s) affected
- Children
- Infants
- Women
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Preliminary survey on the root causes of attacks and discrimination against persons with albinism 2016, para. 10
- Paragraph text
- Other myths seek an explanation in existing traditional beliefs associated with childbirth. It has been reported, for example, that the birth of children with albinism could be linked to the "snake inside the woman" turning away from that pregnancy. The snake is considered the protector of the pregnancy, monitoring it. Other explanations are that a child born with albinism was conceived when a woman had intercourse while she was menstruating. Further, some mythological beliefs seek to explain the condition by advancing that the mother of the child with albinism was struck by lightning or that albinism occurs when a mother does not consume enough salt in her diet.
- Body
- Independent Expert on the enjoyment of human rights by persons with albinism
- Document type
- Special Procedures' report
- Topic(s)
- Harmful Practices
- Health
- Person(s) affected
- Children
- Infants
- Women
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Preliminary survey on the root causes of attacks and discrimination against persons with albinism 2016, para. 11
- Paragraph text
- The lack of understanding of the condition is also illustrated by myths that persons with albinism cannot have children who do not have albinism, or that they are sterile. Furthermore, it is often believed that persons with albinism can only be found within one`s proximate race; consequently, the worldwide status of the condition is often not generally known. This narrow understanding of the frequency of albinism feeds into myths which present the condition as a particular problem supernaturally aimed at specific women and families.
- Body
- Independent Expert on the enjoyment of human rights by persons with albinism
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Harmful Practices
- Health
- Person(s) affected
- Children
- Families
- Women
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Preliminary survey on the root causes of attacks and discrimination against persons with albinism 2016, para. 32
- Paragraph text
- Such stories have also been reported in contemporary times. Village folklore describes how mothers are advised by midwives to sit on their babies or asphyxiate them at birth if they have albinism. In other cases, it seems that the child is left to die, with no food. Similarly, it has been reported that children with albinism have been instantly killed at birth for fear of the shame attached to the condition, or because of a belief that they bring bad luck. Other folklore describes practices such as drowning children with albinism in a lake or placing babies with albinism at the exit gate of a cow pen, where they are left to die from being trampled on by cattle. Still other folklore recounts the ritual killing of children with albinism, who have been accused of being witches, by putting them in bags and smashing the bags against a tree.
- Body
- Independent Expert on the enjoyment of human rights by persons with albinism
- Document type
- Special Procedures' report
- Topic(s)
- Harmful Practices
- Person(s) affected
- Children
- Infants
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Preliminary survey on the root causes of attacks and discrimination against persons with albinism 2016, para. 38
- Paragraph text
- Various authors have emphasized the continued reliance on witchcraft in many African societies and the necessity to take the phenomenon into account to fully understand the contemporary social context. It has also been reported that, despite opposition by religious leaders, access to basic education, and the enactment of legislation criminalizing witchcraft accusations and some forms of practice, witchcraft still remains embedded in society. It remains attractive to a significant number of people as it promises a holistic explanation for human hardships, including by linking socioeconomic misfortunes to other apparent "misfortunes", such as the birth of a child with albinism in a family.
- Body
- Independent Expert on the enjoyment of human rights by persons with albinism
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Harmful Practices
- Social & Cultural Rights
- Person(s) affected
- Children
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Witchcraft and the human rights of persons with albinism 2017, para. 21
- Paragraph text
- According to a study undertaken by the United Nations Children's Fund (UNICEF), the French notion of "sorcery" and the English notion of "witchcraft" were introduced to Africa by the first Europeans explorers, colonialists and missionaries and, strongly influenced by European history, were pejorative. These concepts were employed to translate the terms used in vernacular languages for local realities. The notion of witchcraft, as used in the present report, therefore refers to multiple concepts covered by a variety of different terms referring to various phenomena whose interpretation relies on their context. It is nevertheless generally agreed that in all cultural contexts, witchcraft refers to negative occult or mystical forces, although it has been - albeit less frequently - associated with positive connotations such as empowerment and cleansing.
- Body
- Independent Expert on the enjoyment of human rights by persons with albinism
- Document type
- Special Procedures' report
- Topic(s)
- Harmful Practices
- Social & Cultural Rights
- Person(s) affected
- Children
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Witchcraft and the human rights of persons with albinism 2017, para. 37
- Paragraph text
- In its study on children accused of witchcraft, UNICEF reported that, in many African societies, births considered "abnormal" were generally surrounded by a complex system of representations and rituals. Such births included twins, "badly born" children and persons with albinism. Cases have been reported of parents killing their babies born with albinism for being witches. Where these children are not killed at birth, they are often taken to a spiritual leader or traditional healer to be "healed" through various forms of violent exorcism. Similarly, in a report published by the Office of the Special Representative of the Secretary General on Violence Against Children in 2012, it is stressed that vulnerable children such as children with disabilities, children with albinism, premature babies or specially gifted children are often the target of witchcraft accusations. The link between witchcraft and persons with albinism was also noted in western Sudan where persons with albinism were accused of taking part in "strange and dangerous practices" related to witchcraft.
- Body
- Independent Expert on the enjoyment of human rights by persons with albinism
- Document type
- Special Procedures' report
- Topic(s)
- Harmful Practices
- Violence
- Person(s) affected
- Children
- Infants
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Witchcraft and the human rights of persons with albinism 2017, para. 38
- Paragraph text
- In addition, the common belief that persons with albinism are a bad omen or a curse on their family or on the community, although not, stricto sensu, a witchcraft accusation, does attribute evil qualities to a newborn, with an impact on the mothers and family members in a manner that is strongly analogous to the impact stemming from witchcraft accusations. Consequently, infanticide, abandonment of children with albinism and exclusion of the children and their mothers from community life (either structural expulsion or exclusion from participation) have been reported to the Independent Expert.
- Body
- Independent Expert on the enjoyment of human rights by persons with albinism
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Harmful Practices
- Person(s) affected
- Children
- Families
- Infants
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Witchcraft and the human rights of persons with albinism 2017, para. 45
- Paragraph text
- In joint general recommendation No. 31/general comment No. 18, the Committee on the Elimination of Discrimination against Women and the Committee on the Rights of the Child have provided guidance on what constitutes harmful practices, which are defined as "persistent practices and forms of behaviour that are grounded in discrimination on the basis of, among other things, sex, gender and age, in addition to multiple and/or intersecting forms of discrimination that often involve violence and cause physical and/or psychological harm or suffering".
- Body
- Independent Expert on the enjoyment of human rights by persons with albinism
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Harmful Practices
- Person(s) affected
- Children
- Women
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Witchcraft and the human rights of persons with albinism 2017, para. 47
- Paragraph text
- Attacks against persons with albinism for the purpose of obtaining and using body parts in muti or juju as well as accusations of witchcraft match these criteria for harmful practices. In the publication on harmful practices issued by her Office, the Special Representative of the Secretary-General on Violence against Children, quoting the UNICEF study, reported that "discrimination, violence and harmful practices against children with albinism have reached alarming proportions". She added that there were no cultural or religions justifications for such practices.
- Body
- Independent Expert on the enjoyment of human rights by persons with albinism
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Harmful Practices
- Social & Cultural Rights
- Person(s) affected
- Children
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Witchcraft and the human rights of persons with albinism 2017, para. 34
- Paragraph text
- Accusations of witchcraft and related violence are one of the most visible and reported manifestations of belief in witchcraft. While reports indicate that persons with albinism are mainly affected by the muti and juju forms of witchcraft-related violence, mothers of children with albinism and children born with albinism have also reportedly been accused of witchcraft.
- Body
- Independent Expert on the enjoyment of human rights by persons with albinism
- Document type
- Special Procedures' report
- Topic(s)
- Harmful Practices
- Violence
- Person(s) affected
- Children
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Gender perspectives on torture and other cruel, inhuman and degrading treatment or punishment 2016, para. 62
- Paragraph text
- The practice constitutes torture or ill-treatment (A/HRC/7/3) and must be prohibited in accordance with, inter alia, the Protocol to the African Charter on Human and Peoples' Rights on the Rights of Women in Africa (art. 5). Domestic laws permitting the practice contravene States' obligation to prohibit and prevent torture and ill-treatment, as does States' failure to take measures to prevent and prosecute instances of female genital mutilation by private persons. The tendency towards "medicalization" of female genital mutilation does not in any way make the practice more acceptable. States' indifference or inaction provides a form of encouragement and de facto permission for the practice to take place and go unpunished. The Special Rapporteur notes that in many cases, the perpetrators of female genital mutilation include the victim's parents. In this context, prosecution and the imposition of sanctions, including imprisonment, must result from a nuanced determination that takes into account the best interest of the child.
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Harmful Practices
- Person(s) affected
- Children
- Women
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Rights of indigenous women and girls 2015, para. 54
- Paragraph text
- As discussed by the Special Rapporteur on violence against women, its causes and consequences in her 2007 thematic report, culture-based identity politics can be used to justify violence against women in the name of traditional practices and/or values. Practices commonly carried out in the name of tradition, such as female gender mutilation and child marriage, impact some but not all indigenous communities. The fact that those traditional practices cut across religious, geographical and ethnic characteristics demonstrate that there are multidimensional causal factors and that no one factor attributed to the identity of women makes them vulnerable. Violations suffered by indigenous women and girls must be viewed within the context of the broad spectrum of violations experienced and their specific vulnerabilities as members of indigenous communities.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Harmful Practices
- Social & Cultural Rights
- Violence
- Person(s) affected
- Children
- Ethnic minorities
- Girls
- Women
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Rights of indigenous women and girls 2015, para. 56
- Paragraph text
- Similarly, little disaggregated information is available about the specific dynamics of child marriage in indigenous communities, but it is known to take place in some communities. Much of the literature on child marriage demonstrates a strong link with poverty, therefore, the broader human rights violations of indigenous women and girls are likely to be strong causal factors for child marriage. Child marriage is not only a form of violence, but also a violation of the child's rights to education and family life. Child marriage can also lead to violations of the rights to life and health, as young girls often experience complications with pregnancy and childbirth, which can result in death. In addition, child marriage creates vulnerability to marital rape.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Harmful Practices
- Person(s) affected
- Children
- Ethnic minorities
- Families
- Girls
- Women
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Minority rights-based approaches to the protection and promotion of the rights of religious minorities 2013, para. 54
- Paragraph text
- In numerous States, the recognition of a number of personal status law codes locks religious minorities into systems of laws that may have negative implications for the enjoyment of their rights. Such laws may not allow them, for example, to marry outside their religion. They may oblige them to accept the polygamy of their partner, and they may disinherit them should one of their siblings choose to convert into a particular religion. Such laws may rob them of the opportunity to gain custody of their children on grounds of their remarriage, or their children might automatically be taken away from them at particular ages if they are divorced. Some laws may give religious minorities no option to apply for divorce or may force them to make enormous financial sacrifices in order to obtain a divorce.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Harmful Practices
- Social & Cultural Rights
- Person(s) affected
- Children
- Ethnic minorities
- Families
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Comprehensive prevention strategies against sale and sexual exploitation of children 2013, para. 46
- Paragraph text
- Social norms can make a number of child rights violations acceptable and not recognized as violations. For example, child marriage for the payment of a high dowry is a form of sale, although in some societies it may be considered culturally acceptable. Transactional sex, in which sexual favours are exchanged for other favours, may not be immediately identified as prostitution. Violence against children may be seen as an educational practice. Customary law may also lead to arrangements between families "settling" cases of child sexual violence and exploitation without respect for the rights of the victim.
- 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
- Social & Cultural Rights
- Violence
- Person(s) affected
- Children
- Families
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Comprehensive prevention strategies against sale and sexual exploitation of children 2013, para. 47
- Paragraph text
- Social norms within children's own communities - through their peers - can also constitute significant risk factors. In the context of exchanges with peers or of relationships, children, especially adolescents, may be tempted to put so-called "self generated indecent images" online, which may then be further disseminated through social media. Children may also make themselves vulnerable through online behaviours that are then exploited by criminals through grooming on the Internet and blackmailing online. Consumerism may draw children into exploitative situations so that they are able to buy specific goods. Early sexualization, conveyed through media and peers, may contribute to risky attitudes and distort perceptions by both children and adults of the criminal nature of child sexual abuse 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
- Harmful Practices
- Violence
- Person(s) affected
- Adolescents
- Children
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Comprehensive prevention strategies against sale and sexual exploitation of children 2013, para. 66
- Paragraph text
- The demand for adoption has augmented concomitantly with a decrease in adoptable children, creating conditions for abuse, corruption, excessive fees amounting to sale, and the illegal adoption of children. Data from European countries shows that there has been a decrease since 2004 in intercountry adoptions, in particular owing to better child health, effective family policies, the strengthening of legal and institutional frameworks and the concerns of countries for their international image. Conversely, demand for adoption has not dropped, creating an environment conducive to abuse and leading to pressure on countries of origin, including through excessive costs by adoption agencies, briberies and corruption.
- 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
- Families
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Comprehensive prevention strategies against sale and sexual exploitation of children 2013, para. 76
- Paragraph text
- In many instances, endogenous social norms act as a shield against the sale and exploitation of children. The values communities abide by, including unacceptability of some behaviours and importance awarded to education, can be powerful protective factors. Community leaders, especially elders, can play an important role in monitoring and addressing the exposure of children to risk. However, little research has been undertaken to identify endogenous protective practices and build on them to enhance protection and resilience. This is an area that holds significant potential and would benefit from receiving greater attention.
- 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
- Harmful Practices
- Social & Cultural Rights
- Person(s) affected
- Children
- 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. 27
- Paragraph text
- In total, some 158 countries have adopted laws prohibiting marriage before the age of 18, although in 146 of them, marriage under the age of 18 can be performed with parental consent. In spite of these measures, early marriage continues to take place worldwide. Although a few countries have made progress, the available data shows that globally, the incidence of early marriage was stable between 2001 and 2010. As many as 61 countries still have a prevalence rate of child marriage of over 20 per cent. According to UNICEF data from 2012, one third of women aged 20 to 24 years old - that is, some 70 million women - were married before the age of 18.
- 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
- Person(s) affected
- Children
- Women
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
The right of the child to freedom of expression 2014, para. 60
- Paragraph text
- In India, members of the Adolescent Girls' Clubs against Child Marriage network help to persuade families not to marry their daughters off at a young age by educating people about the harmful consequences of early marriage. They offer a lifeline not only to girls who want to resist family pressure, but also to parents afraid that going against gender-based expectations will leave their daughters ostracized.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Harmful Practices
- Person(s) affected
- Adolescents
- Children
- Families
- Girls
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Information and communication technologies and the sale and sexual exploitation of children 2015, para. 39
- Paragraph text
- Identifying how often grooming occurs is problematic because many victims will not report the abuse. Almost one in three children in Europe aged 9-16 communicated with someone they did not know online. In Latin America a slightly higher percentage (some 40 per cent) did so. Not all of those contacts may be harmful but it has been estimated that between 13 and 19 per cent of children have experienced unwanted sexual solicitation. However if countries become aware of the problem and adopt measures to tackle grooming, such as awareness-raising and the establishment of specialist training programmes, a reduction of harm can be achieved.
- 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
- Harmful Practices
- Health
- Violence
- Person(s) affected
- Children
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Tackling the demand for the sexual exploitation of children 2016, para. 42
- Paragraph text
- A major enabler of demand is the perception of youth, consent and virginity. Indeed, the attraction of preferential offenders who are not paedophiles to adolescents often stems from social and cultural constructs. The obsession with virginity owing to notions of purity and health is, for example, a source of demand for the sexual exploitation of children. There are thus in several regions of the world those who specifically seek to have intercourse with virgins. Concurrently, a child who has lost his or her virginity is considered in negative terms and devalued, thus being more vulnerable to sexual exploitation. Besides, the definition of a child, although set at any person under 18 in international law, varies from one culture to another and is strongly related to his or her sexual maturity. There is further confusion as a result of the varying ages of sexual consent across the world. Preferential and situational offenders will thus justify their actions by affirming, based on their personal belief or on the degree of social tolerance, that their victim was not a child or consented to his or her 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
- Harmful Practices
- Health
- Violence
- Person(s) affected
- Adolescents
- Children
- Youth
- Year
- 2016
- 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. 36
- Paragraph text
- Gender discrimination and violence based on moral and religious constructs regarding the social or marital status of the mother have been a key driver of illegal adoptions in several countries. In Ireland, the so-called mother and baby homes, which were managed by Catholic organizations, and other maternity institutions, were established in the 1920s to deal with unmarried pregnant women and girls and operated until the 1990s. Conditions in those institutions were deplorable and cases of violence against the women were common (e.g. abuse of expectant mothers, forced labour, neglect and detention). Before the 1952 Adoption Act, most children born out of wedlock were placed in foster care, "boarded out" or informally adopted. After passage of the Act, children were put up for formal adoption. Consent was improperly induced or forcibly obtained and documents, including illegal birth registrations, were falsified on a large scale. Furthermore, there were cases of intercountry adoptions, in particular to the United States of America, which often resulted from the same illegal 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)
- Harmful Practices
- Movement
- Violence
- Person(s) affected
- Children
- Girls
- Infants
- Women
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Study on illegal adoptions 2017, para. 44
- Paragraph text
- In Romania, for example, the fall of the Ceausescu regime was followed by a surge in the number of intercountry adoptions. Widespread illegal adoptions were reported, in particular through the use of private procedures that targeted children who had not been placed in institutions. Of note was the rapid development of private adoption agencies, which were allocated a number of adoptable children depending on the size of their financial contributions to local child protection authorities. That system amounted to sale and was further compounded by the direct purchasing of children by intermediaries and the improper inducement of consent. As a response, national authorities implemented legislation to limit the number of adoptions on three separate occasions, namely in 1991, 2001 and 2005. That legislation amounted to a moratorium on adoptions. Throughout that period, external pressures from receiving countries strongly influenced intercountry adoptions in Romania.
- 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
- Date added
- Aug 19, 2019
Paragraph
Study on illegal adoptions 2017, para. 49
- Paragraph text
- In several instances loopholes have been used to conduct private and independent intercountry adoptions, which are prohibited by the 1993 Hague Convention, as the absence of oversight seriously jeopardizes the integrity of the process. Prospective adoptive parents have, for example, resided temporarily in countries of origin long enough to be able to conclude a domestic adoption and then brought the adopted child back to their country, thus bypassing the intercountry adoption process. Similarly, in Uganda foreign parents have been granted legal guardianship of children and taken them abroad where they then concluded a domestic adoption in the receiving country. The conversion of a kafalah guardianship arrangement into a domestic adoption, once the child has been brought back to the receiving country, has also been used to circumvent intercountry adoption procedures under the 1993 Hague 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)
- 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. 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
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