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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.
- Organe
- Special Rapporteur on the sale and sexual exploitation of children, including child prostitution, child pornography and other child sexual abuse material
- Type de document
- Special Procedures' report
- Thèmes
- Harmful Practices
- Movement
- Violence
- Personnes concernées
- Children
- Girls
- Infants
- Women
- Année
- 2017
Paragraphe
Study on illegal adoptions 2017, para. 34
- Paragraph text
- A key development is the increasing adoption of "children with special needs". The terminology used in such cases covers a broad series of realities based on criteria such as the child's age, number of siblings, illnesses, disability status or traumas. Illicit practices in this context mostly concern cases of intercountry adoptions in which States prioritize the adoption of children because they do not have appropriate childcare policies. Moreover, there have been cases of false documentation being used to classify children as having "special needs" to render them adoptable abroad when such adoptions are prioritized or facilitated.
- Organe
- Special Rapporteur on the sale and sexual exploitation of children, including child prostitution, child pornography and other child sexual abuse material
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Movement
- Social & Cultural Rights
- Personnes concernées
- Children
- Année
- 2017
Paragraphe
Study on illegal adoptions 2017, para. 12
- Paragraph text
- 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.
- Organe
- Special Rapporteur on the sale and sexual exploitation of children, including child prostitution, child pornography and other child sexual abuse material
- Type de document
- Special Procedures' report
- Thèmes
- Movement
- Social & Cultural Rights
- Personnes concernées
- Children
- Année
- 2017
Paragraphe
Study on illegal adoptions 2017, para. 61
- Paragraph text
- 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.
- Organe
- Special Rapporteur on the sale and sexual exploitation of children, including child prostitution, child pornography and other child sexual abuse material
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Movement
- Social & Cultural Rights
- Année
- 2017
Paragraphe
Study on illegal adoptions 2017, para. 92
- Paragraph text
- States have been reluctant to react adequately to illegal adoptions. The lack of accountability and redress for victims of illegal adoptions, in part due to a lack of comprehensive national legislation criminalizing illegal adoption as a separate offence, is a major concern. In addition, investigations and prosecutions are rarely targeted at criminal structures involved in the commission of systematic illegal adoptions, often with State complicity. Sanctions for acts related to illegal adoptions rarely reflect the gravity of the crimes.
- Organe
- Special Rapporteur on the sale and sexual exploitation of children, including child prostitution, child pornography and other child sexual abuse material
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Movement
- Social & Cultural Rights
- Violence
- Année
- 2017
Paragraphe
Study on illegal adoptions 2017, para. 96d
- Paragraph text
- [At the national level] [At the national level] [Specifically in respect of intercountry adoptions:] In dealing with States not parties to the 1993 Hague Convention, receiving countries that are parties to the Convention should apply as far as practicable the standards and safeguards of the Convention, prevent their nationals and agencies from creating a situation where illegal adoptions are bound to occur and assist authorities in States not parties to the Convention in stemming the flow;
- Organe
- Special Rapporteur on the sale and sexual exploitation of children, including child prostitution, child pornography and other child sexual abuse material
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Movement
- Social & Cultural Rights
- Personnes concernées
- N.A.
- Année
- 2017
Paragraphe
Study on illegal adoptions 2017, para. 28
- Paragraph text
- The abduction of babies (e.g. through kidnappings or by falsely informing parents that their baby was stillborn or died shortly after birth), the improper inducement of consent (e.g. through misrepresentation, bribery or coercion) and improper financial gain (e.g. through payment for the child or the payment of bribes to intermediaries involved in the adoption process) are among the most common methods used in the sale of children and illegal adoptions. Inherent to the methods is the falsification of documents (e.g. birth and medical certificates, the identification documents of the biological mother, DNA test results and relinquishment or abandonment declarations) and the bypassing of regulations.
- Organe
- Special Rapporteur on the sale and sexual exploitation of children, including child prostitution, child pornography and other child sexual abuse material
- Type de document
- Special Procedures' report
- Thèmes
- Movement
- Social & Cultural Rights
- Violence
- Personnes concernées
- Children
- Families
- Infants
- Année
- 2017
Paragraphe
Study on illegal adoptions 2017, para. 19
- Paragraph text
- In addition, in respect to intercountry adoptions, article 21 of the Convention on the Rights of the Child establishes the principle of subsidiarity and the prohibition of improper financial gain for those involved in the adoption process. It also establishes that the same level of safeguards and standards for domestic adoptions apply in the context of intercountry adoptions. Regarding the principle of subsidiarity, article 21 states that intercountry adoption may be considered as an alternative means of child's care, if the child cannot be placed in a foster or an adoptive family or cannot in any suitable manner be cared for in the child's country of origin.
- Organe
- Special Rapporteur on the sale and sexual exploitation of children, including child prostitution, child pornography and other child sexual abuse material
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Harmful Practices
- Movement
- Social & Cultural Rights
- Personnes concernées
- Children
- Families
- Année
- 2017
Paragraphe
Study on illegal adoptions 2017, para. 20
- Paragraph text
- The 1993 Hague Convention on Protection of Children and Cooperation in Respect of Intercountry Adoption develops the principles set out in the Convention on the Rights of the Child, including the principle of subsidiarity. According to article 4 (b) of the 1993 Hague Convention, an adoption shall take place only if the competent authorities of the State of origin have determined, after possibilities for placement of the child within the State of origin have been given due consideration, that an intercountry adoption is in the child's best interests. Even though article 24 (b) of the African Charter on the Rights and Welfare of the Child explicitly requires intercountry adoption to be a measure of last resort, it has been interpreted as meaning that intercountry adoption is generally subsidiary to other alternative means of care. Therefore, all appropriate national alternative care solutions must be given due consideration before resorting to intercountry adoption.
- Organe
- Special Rapporteur on the sale and sexual exploitation of children, including child prostitution, child pornography and other child sexual abuse material
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Movement
- Social & Cultural Rights
- Personnes concernées
- Children
- Année
- 2017
Paragraphe
Study on illegal adoptions 2017, para. 24
- Paragraph text
- Article 3 (1) (a) (ii) of the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography establishes that, in the context of the sale of children, improperly inducing consent, as an intermediary, for the adoption of a child in violation of applicable international legal instruments on adoption must be criminalized both domestically and transnationally. Article 3 of the Optional Protocol is understood as containing specific examples of illegal acts that lead to the sale of children in the form of illegal adoption. While the sale of children always includes some form of commercial transaction, illegal adoptions can be performed in violation of existing national laws without necessarily amounting to the sale of a child. The Hague Conference on Private International Law defines illegal adoption as an adoption resulting from abuses, such as abduction, the sale of, traffic in and other illegal or illicit activities against children.
- Organe
- Special Rapporteur on the sale and sexual exploitation of children, including child prostitution, child pornography and other child sexual abuse material
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Movement
- Violence
- Personnes concernées
- Children
- Année
- 2017
Paragraphe
Study on illegal adoptions 2017, para. 35
- Paragraph text
- 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.
- Organe
- Special Rapporteur on the sale and sexual exploitation of children, including child prostitution, child pornography and other child sexual abuse material
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Harmful Practices
- Movement
- Social & Cultural Rights
- Violence
- Personnes concernées
- Ethnic minorities
- Année
- 2017
Paragraphe
Study on illegal adoptions 2017, para. 22
- Paragraph text
- 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.
- Organe
- Special Rapporteur on the sale and sexual exploitation of children, including child prostitution, child pornography and other child sexual abuse material
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Movement
- Personnes concernées
- Children
- Année
- 2017
Paragraphe
Study on illegal adoptions 2017, para. 96c
- Paragraph text
- [At the national level] [At the national level] [Specifically in respect of intercountry adoptions:] Governments should increase awareness of the need to bring the number of approvals of prospective adoptive parents into line with the projected number of adoptees, adopt stricter criteria for approval and provide more complete information, including on mechanisms available to report and denounce illicit practices, and better counselling and compulsory preparation for prospective adoptive parents by receiving countries;
- Organe
- Special Rapporteur on the sale and sexual exploitation of children, including child prostitution, child pornography and other child sexual abuse material
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Harmful Practices
- Movement
- Social & Cultural Rights
- Personnes concernées
- Families
- Année
- 2017
Paragraphe
Study on illegal adoptions 2017, para. 21
- Paragraph text
- 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.
- Organe
- Special Rapporteur on the sale and sexual exploitation of children, including child prostitution, child pornography and other child sexual abuse material
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Movement
- Social & Cultural Rights
- Personnes concernées
- Children
- Families
- Année
- 2017
Paragraphe
Study on illegal adoptions 2017, para. 76
- Paragraph text
- It is the joint responsibility of countries of origin and receiving countries to regulate the number of adoption accredited bodies wanting to engage in intercountry adoptions, as a means of limiting the number of adoptions to the number of legally adoptable children. When the Government of a country of origin authorizes too many agencies to operate within its borders, such agencies must compete to identify and secure "adoptable" children, which in turn makes it difficult to monitor their activities effectively. When adoption bodies in one country partner with agencies in other countries, the resulting web of agency activities is all the more difficult to monitor effectively.
- Organe
- Special Rapporteur on the sale and sexual exploitation of children, including child prostitution, child pornography and other child sexual abuse material
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Social & Cultural Rights
- Personnes concernées
- Children
- Année
- 2017
Paragraphe
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.
- Organe
- Special Rapporteur on the sale and sexual exploitation of children, including child prostitution, child pornography and other child sexual abuse material
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Movement
- Violence
- Personnes concernées
- Children
- Families
- Année
- 2017
Paragraphe
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.
- Organe
- Special Rapporteur on the sale and sexual exploitation of children, including child prostitution, child pornography and other child sexual abuse material
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Harmful Practices
- Movement
- Social & Cultural Rights
- Année
- 2017
Paragraphe
Study on illegal adoptions 2017, para. 64
- Paragraph text
- Similarly, direct donations to childcare institutions in the context of intercountry adoptions - construed as "care costs" for children whose adoption order is being finalized - increase the risk of illegal adoptions. Such costs, which are generally not fixed and often far exceed the local expenditures, are an indication that a profit-driven scheme is involved. In Haiti, for example, a fixed amount is charged by childcare institutions for the care of selected children; that amount represents more than half of the cost of adoption and is unrelated to the local cost of living.
- Organe
- Special Rapporteur on the sale and sexual exploitation of children, including child prostitution, child pornography and other child sexual abuse material
- Type de document
- Special Procedures' report
- Thèmes
- Movement
- Social & Cultural Rights
- Violence
- Personnes concernées
- Children
- Année
- 2017
Paragraphe
Study on illegal adoptions 2017, para. 99
- Paragraph text
- [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.
- Organe
- Special Rapporteur on the sale and sexual exploitation of children, including child prostitution, child pornography and other child sexual abuse material
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Personnes concernées
- Children
- Women
- Année
- 2017
Paragraphe
Study on illegal adoptions 2017, para. 40
- Paragraph text
- Illegal domestic adoptions continue to occur in countries with weak child protection systems, in much the same way as they used to, in other words with the involvement of criminal networks and the participation of State officials and targeting vulnerable populations such as families in economic hardship. In China, there have been several cases of criminal networks abducting, trafficking and selling babies for the purpose of illegal adoption. Moreover, there have been reports of family planning officials being involved in improperly inducing consent from parents in order to sell the children or transfer them for domestic or international adoption or forced labour.
- Organe
- Special Rapporteur on the sale and sexual exploitation of children, including child prostitution, child pornography and other child sexual abuse material
- Type de document
- Special Procedures' report
- Thèmes
- Movement
- Violence
- Personnes concernées
- Children
- Families
- Année
- 2017
Paragraphe
Study on illegal adoptions 2017, para. 38
- Paragraph text
- Large-scale illegal adoptions have also taken place in the context of conflicts or authoritarian regimes and their aftermath. During the military dictatorship that ruled Argentina from 1976 to 1983, for example, the authorities abducted hundreds of children from parents considered to be opponents of the regime. In most cases, arbitrarily detained pregnant women had their children removed once they had given birth; in other cases, children were arrested along with their parents and then separated from them. All the parents were forcibly disappeared or murdered by the regime. The babies were registered as the biological children of families close to or linked with the regime or of the individuals who had abducted them, and in some cases were given up for adoption. The falsification of documents was widely used to officialize such illegal acts and illicit practices.
- Organe
- Special Rapporteur on the sale and sexual exploitation of children, including child prostitution, child pornography and other child sexual abuse material
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Movement
- Violence
- Personnes concernées
- Children
- Families
- Women
- Année
- 2017
Paragraphe
Study on illegal adoptions 2017, para. 49
- Paragraph text
- In several instances loopholes have been used to conduct private and independent intercountry adoptions, which are prohibited by the 1993 Hague Convention, as the absence of oversight seriously jeopardizes the integrity of the process. Prospective adoptive parents have, for example, resided temporarily in countries of origin long enough to be able to conclude a domestic adoption and then brought the adopted child back to their country, thus bypassing the intercountry adoption process. Similarly, in Uganda foreign parents have been granted legal guardianship of children and taken them abroad where they then concluded a domestic adoption in the receiving country. The conversion of a kafalah guardianship arrangement into a domestic adoption, once the child has been brought back to the receiving country, has also been used to circumvent intercountry adoption procedures under the 1993 Hague Convention.
- Organe
- Special Rapporteur on the sale and sexual exploitation of children, including child prostitution, child pornography and other child sexual abuse material
- Type de document
- Special Procedures' report
- Thèmes
- Harmful Practices
- Movement
- Social & Cultural Rights
- Personnes concernées
- Children
- Families
- Année
- 2017
Paragraphe
Study on illegal adoptions 2017, para. 65
- Paragraph text
- The fact that intercountry adoptions are mediated by private agencies means that they too can enable illegal practices. This is particularly true in respect of private agencies that are not authorized to work as adoption accredited bodies. Such agencies usually finance their operations by charging fees to prospective adoptive parents. As those fees will not be forthcoming unless the agency secures children for adoption, some agencies employ methods or accept conditions that encourage the commission of illegal acts and illicit practices. In some instances, the demand for adoptable children creates an unhealthy competition among agencies. Adoption agencies often claim that they lack knowledge of illicit practices or that they lack control over intermediaries in countries of origin. However, the financial gain behind the illicit practices, which is often linked to money-laundering, often puts such claims into question.
- Organe
- Special Rapporteur on the sale and sexual exploitation of children, including child prostitution, child pornography and other child sexual abuse material
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Harmful Practices
- Movement
- Social & Cultural Rights
- Personnes concernées
- Children
- Families
- Année
- 2017
Paragraphe
Study on illegal adoptions 2017, para. 85
- Paragraph text
- In all cases of systemic illegal adoptions, States must ensure redress for victims through remedies that include reparation for victims and support to adoptees in their search for their origins. The experiences of adoptees trying to establish the truth behind their "abandonment" and illegal adoption are telling, as are the obstacles they encounter and the good practices of competent authorities. Gradually, efforts are being made to facilitate the search process. For example, an adoption manual has been developed by the adoption service and the Ministry of Health and Welfare of the Republic of Korea, containing information on the steps to be taken searching one's birth family. The search for truth and origins is one of the main issues addressed by associations of intercountry adoptees. Such initiatives are still rare, however.
- Organe
- Special Rapporteur on the sale and sexual exploitation of children, including child prostitution, child pornography and other child sexual abuse material
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Harmful Practices
- Movement
- Social & Cultural Rights
- Personnes concernées
- Families
- Année
- 2017
Paragraphe
Study on illegal adoptions 2017, para. 32
- Paragraph text
- 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.
- Organe
- Special Rapporteur on the sale and sexual exploitation of children, including child prostitution, child pornography and other child sexual abuse material
- Type de document
- Special Procedures' report
- Thèmes
- Movement
- Violence
- Personnes concernées
- Children
- Families
- Année
- 2017
Paragraphe
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.
- Organe
- Special Rapporteur on the sale and sexual exploitation of children, including child prostitution, child pornography and other child sexual abuse material
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Movement
- Violence
- Personnes concernées
- Children
- Families
- Infants
- Année
- 2017
Paragraphe
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.
- Organe
- Special Rapporteur on the sale and sexual exploitation of children, including child prostitution, child pornography and other child sexual abuse material
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Harmful Practices
- Movement
- Social & Cultural Rights
- Personnes concernées
- Children
- Families
- Année
- 2017
Paragraphe
Study on illegal adoptions 2017, para. 69
- Paragraph text
- 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.
- Organe
- Special Rapporteur on the sale and sexual exploitation of children, including child prostitution, child pornography and other child sexual abuse material
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Harmful Practices
- Movement
- Social & Cultural Rights
- Violence
- Personnes concernées
- Children
- Année
- 2017
Paragraphe
Study on illegal adoptions 2017, para. 78
- Paragraph text
- 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.
- Organe
- Special Rapporteur on the sale and sexual exploitation of children, including child prostitution, child pornography and other child sexual abuse material
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Movement
- Personnes concernées
- Children
- Families
- Année
- 2017
Paragraphe
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.
- Organe
- Special Rapporteur on the sale and sexual exploitation of children, including child prostitution, child pornography and other child sexual abuse material
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Movement
- Violence
- Personnes concernées
- Children
- Families
- Persons on the move
- Année
- 2017
Paragraphe