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Study on illegal adoptions 2017, para. 17
- Paragraph text
- The Convention provides in article 20 that a child temporarily or permanently deprived of his or her family environment, or in whose own best interests cannot be allowed to remain in that environment, shall be entitled to special protection and assistance provided by the State. The care envisaged in the Convention can include foster placement, kafalah of Islamic law, adoption or if necessary placement in suitable institutions for the care of children. In that context, adoption should be understood as one possibility among several alternative child protection measures to provide a family environment to the child. In addition, the development of international child rights norms and standards shows that the placement in institutions should only be used as a measure of last resort, when it is absolutely necessary and when it is in the best interests of the child.
- Organismo
- Special Rapporteur on the sale and sexual exploitation of children, including child prostitution, child pornography and other child sexual abuse material
- Tipo de documento
- Special Procedures' report
- Temas
- Governance & Rule of Law
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- Social & Cultural Rights
- Personas afectadas
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Study on illegal adoptions 2017, para. 21
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- The subsidiarity principle must be applied in accordance with the Guidelines for the Alternative Care of Children, which involves supporting efforts to keep children in, or return them to, the care of their family or, failing that, to find another appropriate and permanent solution, including adoption. While looking for permanent solutions, or in cases where they are not possible or are not in the best interests of the child, the most suitable forms of alternative care have to be found. States also have the duty, as set out in article 18 of the Convention on the Rights of the Child, to assist parents and legal guardians in the performance of their child-rearing responsibilities, and to ensure the development of institutions, facilities and services for the care of children.
- Organismo
- Special Rapporteur on the sale and sexual exploitation of children, including child prostitution, child pornography and other child sexual abuse material
- Tipo de documento
- Special Procedures' report
- Temas
- Governance & Rule of Law
- Movement
- Social & Cultural Rights
- Personas afectadas
- Children
- Families
- Año
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Study on illegal adoptions 2017, para. 35
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- A large number of illegal adoptions committed at the national level at a given time reflect a pattern or modus operandi as well as the involvement of criminal networks. Such cases can be found in all regions of the world and entail the responsibility of the State owing to the direct involvement of State officials and/or the deficiency or permissiveness of State policies. Numerous illegal adoptions have also occurred as part of large-scale past abuses motivated by political or ideological reasons. Other domestic illegal adoptions have been committed for religious or moral reasons, fuelled by gender discrimination and gender-based violence or discrimination against minorities and indigenous peoples.
- Organismo
- Special Rapporteur on the sale and sexual exploitation of children, including child prostitution, child pornography and other child sexual abuse material
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Harmful Practices
- Movement
- Social & Cultural Rights
- Violence
- Personas afectadas
- Ethnic minorities
- Año
- 2017
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Study on illegal adoptions 2017, para. 69
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- States have adopted various measures to prevent and combat illegal acts and illicit practices that result in the sale of children and illegal adoption. Few States have adopted measures to respond to cases of large-scale illegal adoption; of those that have, many have done so in response to the sustained advocacy efforts of civil society, in particular victims' organizations. That said, there are no strategies aimed at tackling the systemic issues that give rise to an enabling environment for illegal adoptions and at ensuring that adoptions take place solely in the best interests of the child and in conformity with international norms and standards.
- Organismo
- Special Rapporteur on the sale and sexual exploitation of children, including child prostitution, child pornography and other child sexual abuse material
- Tipo de documento
- Special Procedures' report
- Temas
- Governance & Rule of Law
- Harmful Practices
- Movement
- Social & Cultural Rights
- Violence
- Personas afectadas
- Children
- Año
- 2017
Párrafo
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.
- Organismo
- Special Rapporteur on the sale and sexual exploitation of children, including child prostitution, child pornography and other child sexual abuse material
- Tipo de documento
- Special Procedures' report
- Temas
- Harmful Practices
- Movement
- Violence
- Personas afectadas
- Children
- Girls
- Infants
- Women
- Año
- 2017
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Study on illegal adoptions 2017, para. 78
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- Some central authorities in countries of origin consider the setting of quotas as a positive measure to filter demand and repel pressure from receiving countries. Others, however, argue that quotas are instituted to address the actual demand and consequently do not resolve the issues raised by excessive demand. International Social Service, a federation of non-governmental organizations, has long argued for "a reversal in the flow of files" to ensure that intercountry adoptions are processed in the best interests of the child. Such a reversal would mean that adoption applications should only be sent to the authorities of a country of origin in response to a request made for prospective adoptive parents appropriate for a specific child in need of adoption.
- Organismo
- Special Rapporteur on the sale and sexual exploitation of children, including child prostitution, child pornography and other child sexual abuse material
- Tipo de documento
- Special Procedures' report
- Temas
- Governance & Rule of Law
- Movement
- Personas afectadas
- Children
- Families
- Año
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Study on illegal adoptions 2017, para. 32
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- The placement of children in alternative care settings, in particular in residential facilities, is often a first step leading to a determination of their adoptability. The false assumption that all children in such institutions are adoptable has widely contributed to illegal adoptions, as children can be taken without the appropriate consent even though they still have a parent, family member or other kin willing and able to care for them. In Nepal, for example, intercountry adoptions have been interrupted by receiving countries owing to the insufficiency of the procedures in place to determine the adoptability of a child.
- Organismo
- Special Rapporteur on the sale and sexual exploitation of children, including child prostitution, child pornography and other child sexual abuse material
- Tipo de documento
- Special Procedures' report
- Temas
- Movement
- Violence
- Personas afectadas
- Children
- Families
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Study on illegal adoptions 2017, para. 97b
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- [At the international level] [The Special Rapporteur invites the international community and international bodies to:] In responding to illegal intercountry adoptions, enhance cooperation among receiving countries, among countries of origin and between receiving countries and countries of origin, within the framework of the 1993 Hague Convention, the Convention on the Civil Aspects of International Child Abduction and the Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Cooperation in Respect of Parental Responsibility and Measures for the Protection of Children;
- Organismo
- Special Rapporteur on the sale and sexual exploitation of children, including child prostitution, child pornography and other child sexual abuse material
- Tipo de documento
- Special Procedures' report
- Temas
- Governance & Rule of Law
- Movement
- Social & Cultural Rights
- Personas afectadas
- Children
- Año
- 2017
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Study on illegal adoptions 2017, para. 90
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- In the context of intercountry adoptions, there have been calls to ensure coordinated responses from both receiving countries and countries of origin faced with illegal adoptions or highly fragile situations. Following the 2004 tsunami in the Indian Ocean, both countries of origin and receiving countries, with the support of UNICEF and the Hague Conference on Private International Law, stated that no intercountry adoption would take place in the immediate aftermath of the tsunami. Similar conclusions were drawn following the earthquakes that hit Haiti in 2010 and Nepal in 2015.
- Organismo
- Special Rapporteur on the sale and sexual exploitation of children, including child prostitution, child pornography and other child sexual abuse material
- Tipo de documento
- Special Procedures' report
- Temas
- Movement
- Social & Cultural Rights
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- 2017
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Study on illegal adoptions 2017, para. 61
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- The lack of transparency regarding the costs of an adoption and other related payments are at the root of most illegal acts. Particularly in the context of intercountry adoptions, the costs of the whole procedure are not set, which leads to great fluctuations in prices and many opportunities for corruption. Nor is there transparency regarding the purpose and use of other "adoption-related payments", blurring further the line between required and unjustified amounts. Payments also create a dependency (e.g. among "orphanages" and intermediaries) that can fuel illegal adoptions.
- Organismo
- Special Rapporteur on the sale and sexual exploitation of children, including child prostitution, child pornography and other child sexual abuse material
- Tipo de documento
- Special Procedures' report
- Temas
- Governance & Rule of Law
- Movement
- Social & Cultural Rights
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Study on illegal adoptions 2017, para. 12
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- The present study addresses an aspect of the mandate that was highlighted in the 1990 founding resolution, namely the problem of the adoption of children for commercial purposes. It should be noted that children can also be sold for the purpose of illegal adoption. In the present study, the Special Rapporteur aims to highlight the wide variety of illegal acts and illicit practices that have been and continue to be committed in the context of domestic and intercountry adoption processes with the ultimate goal of suggesting concrete solutions to prevent and combat the phenomenon.
- Organismo
- Special Rapporteur on the sale and sexual exploitation of children, including child prostitution, child pornography and other child sexual abuse material
- Tipo de documento
- Special Procedures' report
- Temas
- Movement
- Social & Cultural Rights
- Personas afectadas
- Children
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Study on illegal adoptions 2017, para. 99
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- [At the international level] The Committee on the Rights of the Child and the Committee on the Elimination of Discrimination against Women should request States parties to the Convention on the Rights of the Child and its Optional Protocol on the sale of children, child prostitution and child pornography to provide information about concerns related to illegal adoptions and international commercial surrogacy arrangements, notably in preparation for the Committee's consideration of periodic reports.
- Organismo
- Special Rapporteur on the sale and sexual exploitation of children, including child prostitution, child pornography and other child sexual abuse material
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Governance & Rule of Law
- Personas afectadas
- Children
- Women
- Año
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Study on illegal adoptions 2017, para. 96d
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- [At the national level] [At the national level] [Specifically in respect of intercountry adoptions:] In dealing with States not parties to the 1993 Hague Convention, receiving countries that are parties to the Convention should apply as far as practicable the standards and safeguards of the Convention, prevent their nationals and agencies from creating a situation where illegal adoptions are bound to occur and assist authorities in States not parties to the Convention in stemming the flow;
- Organismo
- Special Rapporteur on the sale and sexual exploitation of children, including child prostitution, child pornography and other child sexual abuse material
- Tipo de documento
- Special Procedures' report
- Temas
- Governance & Rule of Law
- Movement
- Social & Cultural Rights
- Personas afectadas
- N.A.
- Año
- 2017
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Study on illegal adoptions 2017, para. 27
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- There is no reliable data on the number of children who have been or are being adopted as a result of being sold, trafficked or subjected to other illegal acts and illicit practices. Firstly, reliable figures are difficult to establish owing to the illicit and clandestine nature of those activities. Secondly, illegal adoptions can appear legal since many of the children concerned receive, at some point in the process, "official" adoption papers.
- Organismo
- Special Rapporteur on the sale and sexual exploitation of children, including child prostitution, child pornography and other child sexual abuse material
- Tipo de documento
- Special Procedures' report
- Temas
- Movement
- Social & Cultural Rights
- Violence
- Personas afectadas
- Children
- Año
- 2017
Párrafo
Study on illegal adoptions 2017, para. 43
- Paragraph text
- Intercountry adoptions have been fuelled by a demand from prospective adoptive parents in higher-income countries for children from lower-income countries. That demand has put major pressure on countries of origin with weak child protection systems and often led to illegal acts and illicit practices that have resulted in the sale of children and illegal intercountry adoptions.
- Organismo
- Special Rapporteur on the sale and sexual exploitation of children, including child prostitution, child pornography and other child sexual abuse material
- Tipo de documento
- Special Procedures' report
- Temas
- Harmful Practices
- Movement
- Social & Cultural Rights
- Personas afectadas
- Children
- Families
- Año
- 2017
Párrafo
Study on illegal adoptions 2017, para. 30
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- The methods employed and the actors involved are often the same in cases of illegal domestic and intercountry adoptions. Similarly, in both cases vulnerable parents, in particular mothers, are often targeted (e.g. single mothers in situations of economic hardship, from rural areas, belonging to indigenous communities and/or without access to education).
- Organismo
- Special Rapporteur on the sale and sexual exploitation of children, including child prostitution, child pornography and other child sexual abuse material
- Tipo de documento
- Special Procedures' report
- Temas
- Movement
- Social & Cultural Rights
- Violence
- Personas afectadas
- Ethnic minorities
- Families
- Año
- 2017
Párrafo
Study on illegal adoptions 2017, para. 48
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- An overarching violation of the intercountry adoption procedure has been the perception of adoption taking place independently from the national child protection system. In certain countries, such as Haiti and Nepal, the absence of or severe deficiencies in the alternative care system have not prevented the launching of intercountry adoptions. The core principle of subsidiarity has thus been completely circumvented.
- Organismo
- Special Rapporteur on the sale and sexual exploitation of children, including child prostitution, child pornography and other child sexual abuse material
- Tipo de documento
- Special Procedures' report
- Temas
- Governance & Rule of Law
- Harmful Practices
- Movement
- Social & Cultural Rights
- Personas afectadas
- Children
- Año
- 2017
Párrafo
Study on illegal adoptions 2017, para. 55
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- As highlighted in the previous section, multiple forms of discrimination have been at the origin of several large-scale practices of forced adoption. In particular, gender-based violence and discrimination, and discrimination against families in vulnerable socioeconomic situations (e.g. families from rural areas or belonging to indigenous peoples) have been used to justify the removal of children from their parents without any regard for their consent.
- Organismo
- Special Rapporteur on the sale and sexual exploitation of children, including child prostitution, child pornography and other child sexual abuse material
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Movement
- Social & Cultural Rights
- Personas afectadas
- Children
- Ethnic minorities
- Families
- Año
- 2017
Párrafo
Study on illegal adoptions 2017, para. 68
- Paragraph text
- Although some bilateral agreements have been signed between countries of origin that are not parties to the 1993 Hague Convention and receiving countries, they often do not meet the standards of the Convention and delay accession to it by non-States parties. Moreover, the existence of such agreements increases the risk of undue pressure from the receiving country on the country of origin to ensure that intercountry adoptions occur regardless of the actual need.
- Organismo
- Special Rapporteur on the sale and sexual exploitation of children, including child prostitution, child pornography and other child sexual abuse material
- Tipo de documento
- Special Procedures' report
- Temas
- Governance & Rule of Law
- Movement
- Social & Cultural Rights
- Personas afectadas
- N.A.
- Año
- 2017
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Study on illegal adoptions 2017, para. 51
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- Intercountry adoptions in the context of emergency situations are specifically open to several abuses. For example, in Haiti adoption processes were not interrupted but rather expedited following the 2010 earthquake, under the pressure of receiving countries. In Rwanda, during the genocide, several children were evacuated abroad and some were subsequently adopted without the consent of surviving parents.
- Organismo
- Special Rapporteur on the sale and sexual exploitation of children, including child prostitution, child pornography and other child sexual abuse material
- Tipo de documento
- Special Procedures' report
- Temas
- Humanitarian
- Movement
- Personas afectadas
- Children
- Families
- Año
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Study on illegal adoptions 2017, para. 62
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- The undue payment of intermediaries both in the context of domestic and intercountry adoptions is a major issue, as shown in the country profiles maintained by the Bureau of Consular Affairs of the United States Department of State, which describe the practice of unofficially expediting the transfer of money or unexpected fees, as well as donations, to several countries of origin.
- Organismo
- Special Rapporteur on the sale and sexual exploitation of children, including child prostitution, child pornography and other child sexual abuse material
- Tipo de documento
- Special Procedures' report
- Temas
- Governance & Rule of Law
- Movement
- Personas afectadas
- N.A.
- Año
- 2017
Párrafo
Study on illegal adoptions 2017, para. 18
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- Article 21 of the Convention sets the best interests of the child as the paramount consideration in all matters related to adoption. In addition, its implementation obliges States to ensure that the adoption of a child is authorized only by competent authorities who determine, in accordance with applicable law and procedures, that the adoption is permissible in view of the child's status concerning parents, relatives and legal guardians and that, if required, the persons concerned have given their informed consent to the adoption on the basis of such counselling as may be necessary. Article 24 of the African Charter on the Rights and Welfare of the Child and article 4 of the European Convention on the Adoption of Children (Revised) also require the best interests of the child to be the paramount consideration in adoption processes.
- Organismo
- Special Rapporteur on the sale and sexual exploitation of children, including child prostitution, child pornography and other child sexual abuse material
- Tipo de documento
- Special Procedures' report
- Temas
- Governance & Rule of Law
- Movement
- Social & Cultural Rights
- Personas afectadas
- Children
- Families
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Study on illegal adoptions 2017, para. 22
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- The prohibition of improper financial or other gain applies to any activity related to an intercountry adoption. According to article 32 of the 1993 Hague Convention, only costs and expenses, including reasonable professional fees of persons involved in the adoption, may be charged or paid. In addition, the directors, administrators and employees of bodies involved in an adoption shall not receive remuneration which is unreasonably high in relation to services rendered. In line with articles 8 and 11, central authorities must take all appropriate measures to prevent improper financial or other gain in connection with an adoption and accredited bodies must pursue only non-profit objectives, have qualified staff with ethical standards and be supervised. The prohibition of improper financial or other gain is also contained in the European Convention on the Adoption of Children (art. 17) and the African Charter on the Rights and Welfare of the Child (art. 24). That prohibition must lead to the criminalization of corruption at any stage of the adoption process, as corruption can lead to the sale of children and illegal adoptions.
- Organismo
- Special Rapporteur on the sale and sexual exploitation of children, including child prostitution, child pornography and other child sexual abuse material
- Tipo de documento
- Special Procedures' report
- Temas
- Governance & Rule of Law
- Movement
- Personas afectadas
- Children
- Año
- 2017
Párrafo
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.
- Organismo
- Special Rapporteur on the sale and sexual exploitation of children, including child prostitution, child pornography and other child sexual abuse material
- Tipo de documento
- Special Procedures' report
- Temas
- Governance & Rule of Law
- Movement
- Violence
- Personas afectadas
- Children
- Families
- Persons on the move
- Año
- 2017
Párrafo
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.
- Organismo
- Special Rapporteur on the sale and sexual exploitation of children, including child prostitution, child pornography and other child sexual abuse material
- Tipo de documento
- Special Procedures' report
- Temas
- Governance & Rule of Law
- Movement
- Violence
- Personas afectadas
- Children
- Families
- Infants
- Año
- 2017
Párrafo
Study on illegal adoptions 2017, para. 88
- Paragraph text
- Demands for truth, justice, reparation and guarantees of non-recurrence from victims of past large-scale or systematic cases of illegal adoptions continue to be ignored and inadequately addressed by States. Public instances of recognition of past wrongdoing are rare, depend on the willingness of those responsible and do not entail concrete action. In addition, public inquiries to establish the truth and recognize the experiences of victims have been incomplete and have failed to address the concerns of all victims. Consequently, in many cases, victims' demands for acknowledgement, apology and redress are yet to be met.
- Organismo
- Special Rapporteur on the sale and sexual exploitation of children, including child prostitution, child pornography and other child sexual abuse material
- Tipo de documento
- Special Procedures' report
- Temas
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Personas afectadas
- All
- Año
- 2017
Párrafo
Study on illegal adoptions 2017, para. 87
- Paragraph text
- Even though transitional justice measures in the context of searches for biological origins have been applied following regime change, the same principles can be used to respond to the quests for truth, justice, reparation and guarantees of non-recurrence carried out by victims of other large-scale illegal adoptions, when such violations have been tolerated or directly committed by the State. The few responses of States to such cases reflect a piecemeal approach and a chequered pattern of denial, resistance, acknowledgement and assistance. The exception to this is Australia, where in 2012 the Senate released the findings and recommendations arising from an enquiry into former forced adoption policies and practices. The decision to release the findings and recommendations constituted an exercise in truth-seeking, a recognition of past wrongdoing, reparation and guarantees of non-recurrence through legislative, institutional and policy reforms.
- Organismo
- Special Rapporteur on the sale and sexual exploitation of children, including child prostitution, child pornography and other child sexual abuse material
- Tipo de documento
- Special Procedures' report
- Temas
- Governance & Rule of Law
- Social & Cultural Rights
- Personas afectadas
- N.A.
- Año
- 2017
Párrafo
Study on illegal adoptions 2017, para. 45
- Paragraph text
- As the case of Romania demonstrates, one response to deficiencies in the intercountry adoption procedure has been the provisional suspension of adoptions, often known as moratoriums. In numerous countries of origin and receiving countries, moratoriums have been imposed following scandals revealing illegal practices in adoption procedures. The Hague Conference on Private International Law has noted that many States have a reactive approach to financial malpractice and abuse in intercountry adoption and tend to wait until problems are pervasive before addressing them.
- Organismo
- Special Rapporteur on the sale and sexual exploitation of children, including child prostitution, child pornography and other child sexual abuse material
- Tipo de documento
- Special Procedures' report
- Temas
- Governance & Rule of Law
- Harmful Practices
- Movement
- Social & Cultural Rights
- Año
- 2017
Párrafo
Study on illegal adoptions 2017, para. 67
- Paragraph text
- The existence of intercountry adoptions from countries of origin that are not party to the 1993 Hague Convention is linked to a higher risk of illegal adoptions. Some major States of origin, such as Ethiopia, the Russian Federation and Ukraine, are not yet party to the Convention, which means that many intercountry adoptions do not benefit from its guarantees and safeguards. States parties to the Convention, in their relations with non-contracting States, are expected to apply as far as practicable the standards and safeguards of the Convention.
- Organismo
- Special Rapporteur on the sale and sexual exploitation of children, including child prostitution, child pornography and other child sexual abuse material
- Tipo de documento
- Special Procedures' report
- Temas
- Governance & Rule of Law
- Movement
- Social & Cultural Rights
- Personas afectadas
- N.A.
- Año
- 2017
Párrafo
Study on illegal adoptions 2017, para. 15
- Paragraph text
- In preparation for the study, the Special Rapporteur held an expert meeting in Leiden, the Netherlands, on 19 and 20 September 2016. The Special Rapporteur wishes to thank Leiden University for hosting the meeting, Terre des Hommes Netherlands for organizing it and for providing resources for the substantive research, and the expert participants for their inputs during the preparation of the study.
- Organismo
- Special Rapporteur on the sale and sexual exploitation of children, including child prostitution, child pornography and other child sexual abuse material
- Tipo de documento
- Special Procedures' report
- Temas
- Governance & Rule of Law
- Personas afectadas
- N.A.
- Año
- 2017
Párrafo