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Programme of Action of the International Conference on Population and Development 1994, para. 11.3
- Paragraph text
- The relationship between education and demographic and social changes is one of interdependence. There is a close and complex relationship among education, marriage age, fertility, mortality, mobility and activity. The increase in the education of women and girls contributes to greater empowerment of women, to a postponement of the age of marriage and to a reduction in the size of families. When mothers are better educated, their children's survival rate tends to increase. Broader access to education is also a factor in internal migration and the composition of the working population.
- Body
- International Conference on Population and Development
- Document type
- Declaration / Confererence outcome document
- Topic(s)
- Education
- Movement
- Person(s) affected
- Children
- Families
- Girls
- Women
- Year
- 1994
- Paragraph type
- Other
Paragraph
Rights of migrant workers in an irregular situation and members of their families 2013, para. 2
- Paragraph text
- As a deterrent for migrant workers and members of their families in an irregular situation to enter or stay on their territory, States increasingly resort to repressive measures, such as criminalization of irregular migration, administrative detention and expulsion. Criminalization of irregular migration fosters and promotes public perceptions that migrant workers and members of their families in an irregular situation are "illegal", second-class individuals, or unfair competitors for jobs and social benefits, thereby fuelling anti-immigration public discourses, discrimination and xenophobia. Moreover, migrant workers and members of their families in an irregular situation generally live in fear of being reported to the immigration authorities by public service providers or other officials, or by private individuals, which limits their access to fundamental human rights, as well as their access to justice, and makes them more vulnerable to labour and other types of exploitation and abuse.
- Body
- Committee on Migrant Workers
- Document type
- General Comment / Recommendation
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Families
- Persons on the move
- Year
- 2013
- Paragraph type
- Other
Paragraph
Rights of migrant workers in an irregular situation and members of their families 2013, para. 3
- Paragraph text
- The term "migrant workers in an irregular situation" is defined in article 5 of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (the Convention), which specifies that migrant workers or members of their families are considered as non-documented or in an irregular situation if they are not authorized to enter, to stay or to engage in a remunerated activity in the State of employment pursuant to the law of that State and to international agreements to which it is a party.
- Body
- Committee on Migrant Workers
- Document type
- General Comment / Recommendation
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Families
- Persons on the move
- Year
- 2013
- Paragraph type
- Other
Paragraph
Rights of migrant workers in an irregular situation and members of their families 2013, para. 5
- Paragraph text
- The situation of migrant workers may be irregular either because they have entered the State of employment in an unauthorized way and are thus not authorized to stay, reside or work in that State, or because they overstay the period or otherwise violate the conditions of their authorized stay. Regular migrants may also lose their status through no fault of their own due to illness or other unforeseen circumstances affecting them or family members. The Committee emphasizes that whatever the modalities of their stay, migrant workers can never be deprived of their fundamental rights, as protected under Part III of the Convention, by virtue of their irregular situation.
- Body
- Committee on Migrant Workers
- Document type
- General Comment / Recommendation
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Families
- Persons on the move
- Year
- 2013
- Paragraph type
- Other
Paragraph
Rights of migrant workers in an irregular situation and members of their families 2013, para. 6
- Paragraph text
- Part III of the Convention protects the rights of all migrant workers and members of their families, including those in an irregular situation. Most of the rights protected in Part III are common to a host of international human rights treaties, including the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights. Among the civil and political rights protected in Part III, the right of migrant workers to liberty and security of person (art. 16) and the right of migrant workers deprived of their liberty to be treated with humanity (art. 17) have been contextualized, taking into account the situation of this group of rights-holders. Specific rights of migrant workers that are either not explicitly protected in other human rights treaties include their protection against unauthorized confiscation or destruction of personal documents (art. 21), procedural safeguards in individual expulsion proceedings (art. 22) and the right to have recourse to consular or diplomatic protection and assistance (art. 23). Among the economic, social and cultural rights of all migrant workers, the right to respect for their cultural identity (art. 31) and the right to transfer their earnings and savings upon termination of their stay in the State of employment (art. 32) are Convention-specific. In addition, Part III provides for information rights (art. 33) and affirms the obligation of all migrant workers and members of their families to comply with the laws of the State of employment or transit (art. 34).
- Body
- Committee on Migrant Workers
- Document type
- General Comment / Recommendation
- Topic(s)
- Governance & Rule of Law
- Movement
- Social & Cultural Rights
- Person(s) affected
- Families
- Persons on the move
- Year
- 2013
- Paragraph type
- Other
Paragraph
Rights of migrant workers in an irregular situation and members of their families 2013, para. 7
- Paragraph text
- The Committee notes that the Convention provides only for a minimum standard of protection. Article 81, paragraph 1, states that nothing shall prevent States parties from granting more favourable rights or freedoms than those set out in the Convention to migrant workers and members of their families, including those in an irregular situation, by virtue of the law and practice of, or any bilateral or multilateral treaty in force for, the State party concerned. The Committee is of the view that a State's obligation under the Convention must be read with respect to the core human rights treaties and other relevant international instruments to which it is a party. Although separate and freestanding, these treaties are complementary and mutually reinforcing.
- Body
- Committee on Migrant Workers
- Document type
- General Comment / Recommendation
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Movement
- Person(s) affected
- Families
- Persons on the move
- Year
- 2013
- Paragraph type
- Other
Paragraph
Rights of migrant workers in an irregular situation and members of their families 2013, para. 8
- Paragraph text
- The rights guaranteed to migrants in an irregular situation in other international human rights treaties often have a wider scope than their counterparts in Part III of the Convention. These treaties also contain additional rights. The rights guaranteed in those treaties generally apply to everyone, including migrants and other non-nationals, without discrimination of any kind as to race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status, including immigration status.
- Body
- Committee on Migrant Workers
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Person(s) affected
- Families
- Persons on the move
- Year
- 2013
- Paragraph type
- Other
Paragraph
Rights of migrant workers in an irregular situation and members of their families 2013, para. 32
- Paragraph text
- Article 16, paragraph 8, provides for the right of all migrant workers and members of their families who are deprived of their liberty by arrest or detention to take proceedings before a court, in order that the court may decide without delay on the lawfulness of their detention. If the court finds that the detention is unlawful, it must order the release of the detained migrant worker. The Committee considers that mandatory detention of migrant workers and members of their families in an irregular situation is incompatible with article 16, paragraph 8, if the possibility of judicial review is confined to a formal assessment of whether the migrant worker concerned entered the State party without a valid entry permit, without the possibility of release if the detention is incompatible with article 16, paragraph 4.
- Body
- Committee on Migrant Workers
- Document type
- General Comment / Recommendation
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Families
- Persons on the move
- Year
- 2013
- Paragraph type
- Other
Paragraph
Rights of migrant workers in an irregular situation and members of their families 2013, para. 34
- Paragraph text
- Article 16, paragraph 8, of the Convention provides for the right of migrant workers attending such proceedings to an interpreter, if necessary, without cost to them, if they cannot understand or speak the language used. In the Committee's view, States parties should take effective measures to ensure that all migrant workers held in migration detention centres, including those who opt for voluntary repatriation, are properly informed of their rights in a language they understand, especially with regard to their rights to consular assistance, to challenge the lawfulness of their detention and/or to release, to request asylum and to receive information about protection measures available to victims or witnesses of trafficking in persons.
- Body
- Committee on Migrant Workers
- Document type
- General Comment / Recommendation
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Families
- Persons on the move
- Year
- 2013
- Paragraph type
- Other
Paragraph
Rights of migrant workers in an irregular situation and members of their families 2013, para. 26
- Paragraph text
- In the Committee's view, any custodial or non-custodial measure restricting the right to liberty must be exceptional and always based on a detailed and individualized assessment. Such assessment should consider the necessity and appropriateness of any restriction of liberty, including whether it is proportional to the objective to be achieved. The principle of proportionality requires States parties to detain migrant workers only as a last resort, and to give preference to less coercive measures, especially non-custodial measures, whenever such measures suffice to achieve the objective pursued. In all such cases, the least intrusive and restrictive measure possible in each individual case should be applied.
- Body
- Committee on Migrant Workers
- Document type
- General Comment / Recommendation
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Families
- Persons on the move
- Year
- 2013
- Paragraph type
- Other
Paragraph
Rights of migrant workers in an irregular situation and members of their families 2013, para. 66
- Paragraph text
- With regard to article 26, paragraph 2, the Committee notes that similar limitations can be found in article 8, paragraph 1(a), of the International Covenant on Economic, Social and Cultural Rights and in article 22, paragraph 2, of the International Covenant on Civil and Political Rights. It refers to the jurisprudence of the relevant treaty bodies for the purposes of interpreting what constitute permissible restrictions under article 26, paragraph 2, of the Convention.
- Body
- Committee on Migrant Workers
- Document type
- General Comment / Recommendation
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Families
- Persons on the move
- Year
- 2013
- Paragraph type
- Other
Paragraph
Treatment of Unaccompanied and Separated Children Outside Their Country of Origin 2005, para. 91
- Paragraph text
- [States must have full respect for the preconditions provided under article 21 of the Convention as well as other relevant international instruments, including in particular the Hague Convention on Protection of Children and Cooperation in Respect of Inter-Country Adoption and its 1994 Recommendation Concerning the Application to Refugee and other Internationally Displaced Children when considering the adoption of unaccompanied and separated children. States should, in particular, observe the following:] If it is contrary to the expressed wishes of the child or the parents;
- Body
- Committee on the Rights of the Child
- Document type
- General Comment / Recommendation
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Children
- Families
- Persons on the move
- Year
- 2005
- Paragraph type
- Other
Paragraph
Treatment of Unaccompanied and Separated Children Outside Their Country of Origin 2005, para. 91
- Paragraph text
- [States must have full respect for the preconditions provided under article 21 of the Convention as well as other relevant international instruments, including in particular the Hague Convention on Protection of Children and Cooperation in Respect of Inter-Country Adoption and its 1994 Recommendation Concerning the Application to Refugee and other Internationally Displaced Children when considering the adoption of unaccompanied and separated children. States should, in particular, observe the following:] Unless a reasonable time has passed during which all feasible steps to trace the parents or other surviving family members has been carried out. This period of time may vary with circumstances, in particular, those relating to the ability to conduct proper tracing; however, the process of tracing must be completed within a reasonable period of time;
- Body
- Committee on the Rights of the Child
- Document type
- General Comment / Recommendation
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Children
- Families
- Persons on the move
- Year
- 2005
- Paragraph type
- Other
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
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Movement
- Person(s) affected
- Families
- Persons on the move
- Year
- 2013
- Paragraph type
- Other
Paragraph
Post conflict and post disaster reconstruction and the right to adequate housing 2011, para. 7
- Paragraph text
- The impacts of both conflicts and disasters for the individuals, families and communities affected can be devastating. These include the loss of life and livelihoods; destruction of homes, property and infrastructure; disruption or termination of essential services; and the prolonged and sometimes even permanent forced displacement from land, home and community. Although wealth and power do not offer any immunity from these impacts, it is in most cases the poor and socially disadvantaged who are worst affected; and it is also they who are least able to withstand economic shocks and so generally take the longest to recover.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Movement
- Poverty
- Person(s) affected
- Families
- Year
- 2011
- Paragraph type
- Other
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
- Topic(s)
- Environment
- Governance & Rule of Law
- Movement
- Person(s) affected
- Families
- Persons on the move
- Year
- 2011
- Paragraph type
- Other
Paragraph
Internally displaced women: progress, challenges and the way ahead 2013, para. 48
- Paragraph text
- The pursuit of durable solutions raises a range of concerns for IDW. Although the choice of a durable solution is, in principle, an individual matter, in practice decisions concerning durable solutions are usually made by families or communities, often marginalizing women's preferences. For example, particularly when they have been the targets of SGBV, IDW may be deterred from returning due to traumatic associations or fear of further attacks. Yet, in some instances families or other actors may pressure women to return despite these concerns.
- Body
- Special Rapporteur on the human rights of internally displaced persons
- Document type
- Special Procedures' report
- Topic(s)
- Movement
- Violence
- Person(s) affected
- Families
- Persons on the move
- Women
- Year
- 2013
- Paragraph type
- Other
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
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Children
- Families
- Persons on the move
- Year
- 2010
- Paragraph type
- Other
Paragraph
Enjoyment of the rights to health and adequate housing by migrants 2010, para. 14
- Paragraph text
- Various treaty bodies have expressed concerns that migrants and their families are often subject to discrimination in practice in the areas of employment, housing, health care and education. In the wake of the global economic crisis, discrimination and xenophobia have increased, as has the corresponding negative impact on the enjoyment of human rights by migrants. Increasingly, States have enacted restrictive measures which adversely affect the enjoyment of the rights to health and adequate housing, arguably as a means of deterring irregular migrants and promoting "voluntary" returns to countries of origin. Such laws discriminating against migrants or programmes and policies which fail to address the specific needs and vulnerabilities of migrants often make it difficult for migrants to obtain access to basic services or permit access only at levels that do not meet international human rights standards.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Movement
- Person(s) affected
- Families
- Persons on the move
- Year
- 2010
- Paragraph type
- Other
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
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Person(s) affected
- Families
- Persons on the move
- Year
- 2010
- Paragraph type
- Other
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
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Movement
- Person(s) affected
- Families
- Persons on the move
- Year
- 2012
- Paragraph type
- Other
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
- Topic(s)
- Governance & Rule of Law
- Health
- Movement
- Person(s) affected
- Children
- Families
- Persons on the move
- Year
- 2013
- Paragraph type
- Other
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
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Families
- Persons on the move
- Year
- 2014
- Paragraph type
- Other
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
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Movement
- Person(s) affected
- Families
- Persons on the move
- Year
- 2015
- Paragraph type
- Other
Paragraph
Developing the Global Compact on Migration 2016, para. 11
- Paragraph text
- Many migrants move voluntarily in a safe and regular manner and live and work in conditions in which their labour and human rights are respected. In some circumstances, families are reunified. Others are forced to migrate as a result of push factors, including poverty, discrimination, violence, conflict, political upheaval and poor governance, and pull factors, including official or unacknowledged labour needs, as explained above, or for family reunification. Children are disproportionately represented among those forcibly displaced. In the context of natural disasters and climate change, migration is increasingly seen as an adaptation measure ensuring resilience through planned mobility. In the process of migration, many face exploitation, discrimination, abuse and other human rights violations.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Equality & Inclusion
- Movement
- Person(s) affected
- Children
- Families
- Persons on the move
- Year
- 2016
- Paragraph type
- Other
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
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Person(s) affected
- Families
- Persons on the move
- Year
- 2016
- Paragraph type
- Other
Paragraph
Minorities in situations of humanitarian crises 2016, para. 71
- Paragraph text
- Returns following the cessation of conflict have been extensively documented, in particular in connection with the return of Roma from Western Europe to the Balkans. Where deportations take place without consent, minorities may face numerous obstacles to their basic human rights, including lack of access to personal documents and statelessness; problems repossessing their property or obtaining housing; difficulties accessing education, health, employment and social welfare; and separation from family members. In some cases, loss of temporary protection status in host countries and the forced repatriation to their countries of origin, coupled with the lack of adequate policies for the integration of returnees, have resulted in minority communities being forced into continuous migration.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Humanitarian
- Movement
- Person(s) affected
- Families
- Persons on the move
- Year
- 2016
- Paragraph type
- Other
Paragraph
Study on illegal adoptions 2017, para. 39
- Paragraph text
- The above-mentioned motivations for carrying out illegal adoptions often overlapped, as was notably the case in Spain throughout the Franco regime and during the first decades of democracy. Indeed, the practice of illegally adopting children for ideological and religious reasons soon morphed into a profit-driven criminal activity. Thousands of newborn babies were reportedly abducted from their parents by criminal networks involved in large-scale illegal adoptions. Medical personnel and clergy members actively participated in the abduction of children. Newborn babies were abducted from hospitals and subsequently told that their parents had died. The children were then given to other parents following the falsification of documents and, in certain cases, payments.
- Body
- Special Rapporteur on the sale and sexual exploitation of children, including child prostitution, child pornography and other child sexual abuse material
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Violence
- Person(s) affected
- Children
- Families
- Infants
- Year
- 2017
- Paragraph type
- Other
Paragraph
Study on illegal adoptions 2017, para. 84
- Paragraph text
- Guatemala presents one of the few examples of investigation and prosecution efforts having been made with the aim of dismantling criminal structures. In 2011, with the support of the United Nations-backed International Commission against Impunity in Guatemala, the Public Prosecutor's Office proved the existence of a criminal structure involved in trafficking in children for the purpose of illegal intercountry adoptions operated by owners of residential facilities with the complicity of lawyers, registrars and judges. Despite the convictions, the case illustrated the difficulties in balancing the conflicting needs and desires of those involved in adoptions (adoptees, adoptive parents and biological parents) and the interests of justice.
- Body
- Special Rapporteur on the sale and sexual exploitation of children, including child prostitution, child pornography and other child sexual abuse material
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Violence
- Person(s) affected
- Children
- Families
- Year
- 2017
- Paragraph type
- Other
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
- Topic(s)
- Governance & Rule of Law
- Movement
- Violence
- Person(s) affected
- Children
- Families
- Persons on the move
- Year
- 2017
- Paragraph type
- Other
Paragraph