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Access to rights-based support for persons with disabilities 2017, para. 38
- Paragraph text
- The provision of specific forms of support is further referred to in articles 9 (accessibility), 12 (equal recognition before the law), 13 (access to justice), 16 (freedom from exploitation, violence and abuse), 19 (living independently and being included in the community), 20 (personal mobility), 21 (freedom of expression and opinion, and access to information), 23 (respect for home and the family), 24 (education), 26 (habilitation and rehabilitation), 27 (work and employment), 28 (adequate standard of living and social protection) and 30 (participation in cultural life, recreation, leisure and sport).
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Families
- Year
- 2017
Paragraph
Eliminating discrimination against women in political and public life with a focus on political transition 2013, para. 61
- Paragraph text
- Reform of family laws provides a firm basis to overcome structural and cultural impediments to women's equal and full participation in political and public life. Family laws have been the focus of reform throughout history, as part of whole movements of States and societies towards modernity. In most cases, religious hermeneutic projects, particularly when initiated as part of broader reforms during times of political transition, have been an integral part of making these changes possible, with a prominent role played by women's rights movements, as in the case of Morocco, which achieved significant reform on many fronts in the family code (Moudawana), and by reform-minded religious institutions. The political will for these reforms, in State-sponsored modernization projects and social engineering agendas, has existed in diverse contexts of colonial power, the post-colonial State and communist regimes.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Gender
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Families
- Women
- Year
- 2013
Paragraph
Priorities of the new mandate holder 2014, para. 28
- Paragraph text
- Another key area of focus of the mandate of the Special Rapporteur on contemporary forms of slavery, including its causes and consequences, is child and forced marriage. The Supplementary Convention on the Abolition of Slavery, the Slave Trade, and Institutions and Practices Similar to Slavery obligates Member States to take all "practicable and necessary legislative and other measures to bring about progressively and as soon as possible the complete abolition or abandonment" of, inter alia, any institution or practice which amounts to forced marriage, such as when a woman, without the right to refuse, is promised or given in marriage on payment to her parents, guardians, family or another person or group; when a husband, his family or his clan transfers his wife to another person for value received or for any other reason; or the inheriting by another person of a woman on the death of her husband (see art. 1). Early and forced marriage can, under certain circumstances, constitute servile marriage or result in domestic servitude or other forms of slavery. The previous mandate holder drew links between child marriage and slavery, and pointed out that Member States were obliged to prohibit and eliminate slavery as a non-derogable and fundamental principle of international law. Child marriage is linked to the thematic issues of trafficking for forced labour, commercial sexual exploitation, migration and contemporary forms of slavery, which reinforces the need for cooperation among the respective mandate holders as part of a comprehensive multi-agency and multi-stakeholder effort to eradicate those practices from society, as women and girls in child and forced marriages may experience conditions within the marriage that meet "international legal definitions of slavery and slavery-like practices", including forced labour. Furthermore, "a potentially high proportion of child marriage cases appear to constitute the worst forms of child labour under the 1999 ILO Convention No. 182."
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- Children
- Families
- Women
- Year
- 2014
Paragraph
Gender perspectives on torture and other cruel, inhuman and degrading treatment or punishment 2016, para. 27
- Paragraph text
- Studies suggest that up to 80 per cent of women in prison are mothers. Many female prisoners are single mothers or primary caregivers, and imprisonment can result in considerable hardship for their children. Contact between detained mothers and their children is often difficult due to the remote location of female prisons. Concern about their children is a primary factor leading to the high incidence of mental health problems and self-harm among female detainees. The Bangkok Rules require that parental and child-caring responsibilities be taken into account in the allocation and sentence-planning processes. The best interests of the child, including the need to maintain direct contact with the mother, must be carefully and independently considered by competent professionals and taken into account in all decisions pertaining to detention, including pretrial detention, sentencing and the placement of the child (CRC/C/THA/CO/2).
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Governance & Rule of Law
- Health
- Person(s) affected
- Children
- Families
- Women
- Year
- 2016
Paragraph
The right to access information 2013, para. 25
- Paragraph text
- The gravity and the scale of the practice of disappearances by the regimes that were in power in Latin America from the 1960s, and the subsequent struggle of family members and society in general to establish the fate of the victims and to ensure investigation into the facts and punishment of the perpetrators, was initially at the centre of the development of the right to truth. During those regimes, the justice systems of the countries in which such acts occurred were completely ineffective in carrying out investigations into the facts. Moreover, many of the countries concerned adopted amnesty laws that not only ensured impunity for the perpetrators but, in effect, also impeded investigations by the justice systems.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- Families
- Persons on the move
- Year
- 2013
Paragraph
The right of the child to freedom of expression 2014, para. 13
- Paragraph text
- Nevertheless, children are not adults, and the fact that they have evolving capacities cannot be avoided. This principle, enshrined in article 5 of the Convention on the Rights of the Child, simply reflects the need to take children's "childness" into account, as well as the fact that children evolve and exercise their rights differently from adults. The role accorded to parents and others responsible for the child under article 5 of the Convention suggests that, in practice, children's enjoyment of their right to freedom of expression may not be as expansive as that of adult holders of similarly expressed rights under non-child-specific international human rights instruments. The exercise of the right to freedom of expression expands as children mature, whereas the appropriate direction and guidance provided by parents under article 5 diminishes correspondingly.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Children
- Families
- Year
- 2014
Paragraph
Migrant worker’s right to health 2013, para. 57
- Paragraph text
- The Special Rapporteur is pleased to observe the adoption by the International Labour Office (ILO) in 2011 of Domestic Workers Convention No. 189 and Recommendation No. 201, which details requirements for protection from harassment and violence, occupational health and safety, written contracts and protection under labour laws. This follows general comment No. 1 (2010) on migrant domestic workers of the Committee on the Protection of the Rights of all Migrant Workers and Members of Their Families, which pays particular attention to the vulnerability of migrant domestic workers throughout the different stages of migration. Implementation of these instruments would provide greater protection to migrant domestic workers at all stages of the migration process, thereby creating an enabling environment consistent with the obligation to fulfil the right to health.
- Body
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Movement
- Person(s) affected
- Families
- Persons on the move
- Year
- 2013
Paragraph
Analysis of two alternative housing policies: rental and collective housing 2013, para. 50
- Paragraph text
- In Latin America, a successful example of housing cooperatives on a national scale is the mutual aid cooperatives in Uruguay, which are promoted by the Federation of Mutual Aid Housing Cooperatives. The Uruguayan legislation recognizes collective tenure, and the regulation of the housing cooperatives is encompassed in the 1992 General Cooperative Law. Since 1965, around 600 Federation cooperatives have been consolidated in Uruguay, and around 20,000 families are living in houses and apartments built through mutual aid. Mutual aid cooperatives have been introduced and adapted in 14 Latin American and Caribbean countries over the past 20 years through various initiatives.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Person(s) affected
- Families
- Year
- 2013
Paragraph
Analysis of two alternative housing policies: rental and collective housing 2013, para. 55
- Paragraph text
- In the Uruguayan model, security of tenure is ensured by a contract between the cooperative and the member ("contrato de uso y goce" of the Federation of Mutual Aid Housing Cooperatives), which is not time bound. Each family enjoys usufruct rights that can be inherited or sold back to the cooperative. The value of the member's share is paid back to him by the cooperative in two instalments over a period of three years and comprises the value of labour hours; maintenance of the common areas; the repaid amount of the loan; and the repaid interest. This prevents a high member turnover and protects the cooperative from gentrification processes.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Person(s) affected
- Families
- Year
- 2013
Paragraph
Guiding Principles on security of tenure for the urban poor 2014, para. 57
- Paragraph text
- Police procedures. Residents of urban settlements and homeless persons face disproportionate levels of police intervention and use of force without due process. In many countries, police enter homes in poor settlements, sometimes in major operations, without a court order, violating residents' rights to protection against arbitrary interference with their privacy, family and home. Homeless persons, who have no choice but to sleep, eat and conduct other life-sustaining activities in publics spaces are commonly harassed, fined and detained for doing so. Police must follow due process and respect human rights in conducting law enforcement activities, including in urban settlements, and ensure that any use of force is strictly necessary and proportional to lawful objectives. States should decriminalize homelessness and ensure full respect by police of human rights of homeless persons.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Families
- Year
- 2014
Paragraph
Environmental human rights defenders 2016, para. 30
- Paragraph text
- The assassination of environmental human rights defenders is only part of the overall violence they face. The submissions received by the Special Rapporteur show that environmental human rights defenders confront numerous threats and violations, including violent attacks and threats to their families, enforced disappearances, illegal surveillance, travel bans, blackmail, sexual harassment, judicial harassment and use of force to dispel peaceful protests. Such violations are committed by State and non-State actors, and take place in the context of the overall stigmatization, demonization and delegitimization of environmental human rights defenders. In some countries, violations are intertwined with the overall climate of criminalization of their work, especially in the context of large-scale development projects (see A/68/262).
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Environment
- Governance & Rule of Law
- Person(s) affected
- Activists
- Families
- Year
- 2016
Paragraph
Climate change and internal displacement 2011, para. 76
- Paragraph text
- In order to be successful, adaptation measures addressing internal displacement must provide durable solutions strategies in the form of return, local integration or resettlement in another part of the country. However, in the context of climate change, durable solutions are likely to be more complex and less static or one-dimensional. They may combine a number of solutions, including movements which are seasonal or temporary, or solutions which include continuity with the place of origin as well as integration in a different part of the country (for example, part of the family returns to the place of origin permanently or on a seasonal basis, while the breadwinner works in another location). Strategies addressing internal displacement should therefore be sufficiently flexible to include and support various scenarios of human adaptation, and ensure that durable solutions are based on free and informed consent.
- Body
- Special Rapporteur on the human rights of internally displaced persons
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Environment
- Governance & Rule of Law
- Movement
- Person(s) affected
- Families
- Persons on the move
- Year
- 2011
Paragraph
Impact of the criminalization of migration on the protection and enjoyment of human rights 2010, para. 65
- Paragraph text
- The Special Rapporteur welcomes the interest and activities undertaken by international organizations and civil society to explore, together with Member States and other stakeholders, alternative measures to immigration detention as a way to help States improve their compliance with their human rights obligations in relation to the treatment of migrants. In this regard, the Special Rapporteur praises the pilot project on alternatives to detention for families with children who are awaiting return that has been carried out in Belgium since October 2008 as a practical and positive example of greater cooperation between Governments and civil society in monitoring and evaluation of alternative measures to detention.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Children
- Families
- Persons on the move
- Year
- 2010
Paragraph
Impact of the criminalization of migration on the protection and enjoyment of human rights 2010, para. 71
- Paragraph text
- Efforts directed to adopt a human rights-based approach to migration governance should be redoubled. States and other stakeholders should systematically be guided by, and further the realization of, human rights standards contained in and principles derived from the Universal Declaration of Human Rights and other international human rights instruments, including the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, in all migration initiatives, including those implying multi-stakeholders cooperation and technical assistance and in all phases of the migration process.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Families
- Persons on the move
- Year
- 2010
Paragraph
Enjoyment of the rights to health and adequate housing by migrants 2010, para. 61
- Paragraph text
- The Special Rapporteur commends efforts undertaken by Governments to ensure migrants' access to economic and social rights, regardless of immigration status. For example, the Migration Law (Law 25.871 of 2004) of Argentina recognizes the State obligation to ensure equal access to, inter alia, shelter, social services, public goods, and health for migrants and their families, regardless of immigration status. In Spain, all migrants, regardless of immigration status, are also entitled to register in the local government's register, which is a requirement for, inter alia, having access to education and health care. It is worth noting that the content of the registration information is not shared with immigration authorities.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Person(s) affected
- Families
- Persons on the move
- Year
- 2010
Paragraph
Climate change and migration 2012, para. 56
- Paragraph text
- The International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families explicitly applies the rights elaborated in the International Bill of Rights to the specific situation of migrant workers and members of their families. Entering into force in 2003, the Convention has now been ratified by 45 States, and the Special Rapporteur urges its prompt ratification by all remaining States. Furthermore, several conventions negotiated under the auspices of the International Labour Organization contain important provisions reaffirming the human rights of migrants.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Movement
- Person(s) affected
- Families
- Persons on the move
- Year
- 2012
Paragraph
Regional study: management of the European Union external border and the impact on the human rights of migrants 2013, para. 52
- Paragraph text
- For example, the Special Rapporteur repeatedly witnessed inadequate procedures for detention, including the failure to guarantee proper legal representation, lack of access for detainees to consular services, and interpretation or translation services, lack of appropriate detection procedures for vulnerable individuals and lack of recourse to effective remedies. Conditions of detention were also precarious, with inadequate health care or psychosocial support, and prison-like conditions. In Tunisia, Turkey and Greece, he also witnessed the detention of children and families, and the lack of a proper system of guardianship for children. In all countries visited, he observed the detention of persons without prospect of removal, and a quasi-total absence of meaningful alternatives to detention mechanisms.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Governance & Rule of Law
- Health
- Movement
- Person(s) affected
- Children
- Families
- Persons on the move
- Year
- 2013
Paragraph
Human rights of migrants in the post-2015 development agenda 2014, para. 96b
- Paragraph text
- [Indicators for such a target should include:] Time frame and coverage of enhanced regular migration channels, including for family reunification;
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Families
- Persons on the move
- Year
- 2014
Paragraph
Recruitment practices and the human rights of migrants 2015, para. 74
- Paragraph text
- A complex network of actors is involved in the current system of recruitment for low-wage economic migrants, including: many different components of the State architecture in countries of origin and destination, recruiters themselves, subcontractors of recruiters, employers, direct contractors of employers that use migrant workers, parent companies and other business entities further up the supply chain, domestic households, trade unions, business associations, civil society organizations, workers themselves, friends and families of migrants, and regional and international organizations. The complexity of the network of all those involved, and the opaque and underground way in which unethical recruitment takes place, makes it difficult to fully understand the system and to develop clear accountability for the rights of migrants.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Families
- Persons on the move
- Year
- 2015
Paragraph
Recruitment practices and the human rights of migrants 2015, para. 60
- Paragraph text
- Above and beyond banning fees, the development and harmonization of the legal and policy frameworks relating to recruitment is needed to transition to a wholly ethical system. Reform should include the ratification and full implementation of all international human rights instruments, including the two 1966 International Covenants on Human Rights and the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, as well as relevant labour standards, including the 1997 ILO Convention on Private Employment Agencies (no. 181), and soft law principles such as the Dhaka Principles. All of these standards apply to all migrants irrespective of their legal status and also include duties for States to protect individuals from third-party violations of their human rights.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Movement
- Person(s) affected
- Families
- Persons on the move
- Year
- 2015
Paragraph
The impact of bilateral and multilateral trade agreements on the human rights of migrants 2016, para. 56
- Paragraph text
- Trade agreements have also enhanced the portability of social security and other acquired rights, promoted the mutual recognition of diplomas, qualifications and skills, supported the education and training of migrants, and lowered the transfer costs of remittances. MERCOSUR guarantees migrants equal civil, social, cultural and economic rights and freedoms as nationals in the destination country, particularly the right to work and to carry out any legal activity. The Ibero-American Multilateral Agreement on Social Security, to which two European and 12 Latin American countries are signatories, covers all persons who have been subject to the social security legislation of any of the signatory States and their family members, and provides for cash benefits in the event of disability, old age, death of a family member and employment-related injury.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Person(s) affected
- Families
- Persons on the move
- Year
- 2016
Paragraph
Minorities in the criminal justice system 2015, para. 65
- Paragraph text
- Minority victims may be reluctant to report the crime to police, owing to a history of negative experiences with the authorities, lack of faith in the justice system, or lack of knowledge of their rights or lack of practical information such as on where and how to make a complaint. They may fear that bringing themselves to the attention of the authorities will generate more suspicion and result in persecution of themselves, their family or their community. They may have a fear of reprisals from the perpetrators of the crime owing to a lack of confidence that authorities will protect them, pursue the investigation or take the perpetrators into custody. Some may fear deportation, particularly if they do not have recognized legal status in the country.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- Ethnic minorities
- Families
- Year
- 2015
Paragraph
The importance of social protection measures in achieving Millennium Development Goals (MDGs) 2010, para. 18
- Paragraph text
- Moreover, several kinds of social protection programmes contribute to income generation and enable recipients to accumulate and protect assets, building their resilience in the face of shocks and increasing their chances of escaping extreme poverty. The additional income that social protection provides through various types of cash or in kind transfers and microcredit schemes enables families and individuals to accumulate savings, engage in long-term planning and invest in productive assets. Increasingly, social protection programmes are also designed to enable households to invest in human capital development, thus preventing poverty from being passed on from one generation to the next.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Poverty
- Person(s) affected
- Families
- Year
- 2010
Paragraph
Penalization of people living in poverty 2011, para. 82h
- Paragraph text
- [In this context, the Special Rapporteur wishes to present the following recommendations:] The design and implementation of social benefit systems must comply with human rights norms, including the rights of persons living in poverty to privacy and family life and to take part in the decisions that affect them. Surveillance policies, conditionalities and other requirements must be reviewed to ensure that they do not violate human rights obligations by imposing a disproportionate burden on those living in poverty. When collecting and processing information pertaining to beneficiaries, States shall ensure that they observe internationally accepted standards of privacy and confidentiality, and shall not disseminate such information to other authorities or use it for other purposes without the consent of the beneficiary;
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Poverty
- Social & Cultural Rights
- Person(s) affected
- Families
- Year
- 2011
Paragraph
Detention of migrants in an irregular situation 2012, para. 72b
- Paragraph text
- [The Special Rapporteur calls on States to consider progressively abolishing the administrative detention of migrants. In the meantime, Governments should take measures to ensure respect for the human rights of migrants in the context of detention, including by:] Ensuring that migrants in detention are accurately informed of the status of their case and of their right to contact a consular or embassy representative and members of their families. Migrants and their lawyers should have full and complete access to the migrants' files;
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Families
- Persons on the move
- Year
- 2012
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
- Means of adoption
- N.A.
- Topic(s)
- Governance & Rule of Law
- Movement
- Violence
- Person(s) affected
- Children
- Families
- Infants
- Year
- 2017
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
- Means of adoption
- N.A.
- Topic(s)
- Governance & Rule of Law
- Movement
- Violence
- Person(s) affected
- Children
- Families
- Year
- 2017
Paragraph
Study on illegal adoptions 2017, para. 86
- Paragraph text
- Various countries emerging from conflict or an authoritarian regime have been confronted with allegations of systematic illegal adoptions as part of past large-scale abuses. Few countries have responded to victims' calls for truth, justice, reparation and guarantees of non-recurrence, however, and none have done so in a comprehensive manner. Argentina has pioneered such responses, in particular in relation to enforced disappearances, through truth-seeking and accountability. Genetic tracing and the establishment of a national genetic database have played a key role in identifying disappeared children who were subjected to illegal adoption and in efforts to seek judicial accountability. Moreover, the "disappeared" children, now adults, are stepping forward to uncover their biological origins and some are playing a role in the prosecution of their adoptive parents.
- 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
- Means of adoption
- N.A.
- Topic(s)
- Governance & Rule of Law
- Movement
- Violence
- Person(s) affected
- Children
- Families
- Persons on the move
- Year
- 2017
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
- Means of adoption
- N.A.
- Topic(s)
- Governance & Rule of Law
- Harmful Practices
- Movement
- Social & Cultural Rights
- Person(s) affected
- Children
- Families
- Year
- 2017
Paragraph
Prevention of trafficking in persons 2010, para. 68
- Paragraph text
- The protection of the human rights of migrants is of paramount importance in preventing exploitation that leads to trafficking. Thus, States should respect, protect and promote the human rights of migrants, particularly labour rights in sectors where such protection has traditionally been weak or absent, such as domestic work. To that end, States should sign, ratify and enforce all relevant human rights instruments, in particular the Palermo Protocol and the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Movement
- Person(s) affected
- Families
- Persons on the move
- Year
- 2010
Paragraph