Browsing by Subject "adoption"
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    Children for sale : infant trafficking for illegal adoption. The case of Roma in Bulgaria
    ( 2010) Paluchowska, Milena ; Csongor, Anna
    This thesis examines the scope of infant trafficking for illegal adoption in Bulgaria. It provides a definition of the phenomenon and explains the workings of the trafficking system. It searches for the roots of the problem by taking into consideration the profile of the victims, effectiveness of state institutions, legal enforcement and rule of law. It is developed on two levels. The first level observes the demand for baby sale among the most vulnerable groups in Bulgaria, and the demand for adoptions in the countries of destination. The main finding is that the majority of trafficked babies are of Roma ethnicity, which is an outcome of their socio-economic situation. It provides a deeper look into the marginalization of the Roma community, by addressing several vulnerability areas and the multiple discrimination they face. The second level examines the state’s limitations, creating obstacles for effectively fighting trafficking, such as an inadequate national legal framework and ineffective authorities. It further elaborates on the international legislative framework and lack of international cooperation. The research concludes with several recommendations directed towards all actors and provides an opinion on future prospects and benefits related to inclusion of Roma.
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    The cold war of inter-country adoptions : a political tit-for-tat or best interest of the child?
    ( 2014) Malucello, Marta ; Luhamaa, Katre ; Simons, William
    Every decision taken in matter of children should be in the light of the children‟s best interest and grant them the best solution as possible. Best interest of the child is the common denominator that crosscuts different aspects concerning children‟s welfare. Also in the adoption issue children‟s best interest should be always prioritised. The purpose of the present research is to show how the best interest of the child has not been taken into account by the Russian ban to inter-country adoptions to the US but it is rather a political reaction to the American Magnitsky Act and a demonstration of power from Russia towards the US and the Western countries in general. The loss of transparency in the adoptions process and some cases of gone-bad adoptions in the US have brought to a disruption of the relationship between the two countries and to the immediate termination of the agreement existing on inter-country adoptions between the two nations. Consequences to the termination of inter-country adoptions between the two countries are already noticeable and measures should be taken by the governments in order to support Russian families by offering alternative measures in order to avoid social orphanhood and increase transparency
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    Does Germany ensure the best interests of the child regarding intercountry adoption?
    ( 2010) Koch, Katrin ; Allain, Jean
    The thesis answers the question whether Germany as a receiving State ensures the best interests of the child regarding intercountry adoptions. Usually the intercountry adoption practices of States of origin are subject to scrutiny, but receiving States also have a certain responsibility to ensure that intercountry adoptions take place in the best interests of the child. Although the Hague Convention on the Protection of Children and Co-operation in Respect of Intercountry Adoption has established important safeguards, as well as an internal and external co-operative system and essential principles, there is still concern about the number of practices which do not respect the child’s best interests, within which child trafficking is the most alarming. The protection of the child’s best interests is based on two pillars: the Hague Convention itself and its implementation within the German intercountry adoption system. The thesis firstly analyses whether the Hague Convention constitutes a clear and definite legal framework which is the prerequisite for proper implementation, and secondly, it assesses German implementation. In this context, the present work will illustrate the legal, executive and judicial framework of Germany from the perspective of a civil law legal system. Finally, this thesis will provide ideas for improvements, and will give a brief overview of the European intercountry adoption system. This study will be restricted to nonfamily adoptions, and will exclude adoptions for the purpose of exploitation.
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    Finding the best families for children : moving towards inclusive adoption : the legislation and practice to eliminate discrimination on the basis of marital status and sexual orientation
    ( 2015) Pusateri, Costanza ; Rajgelj, Barbara
    States impose a multitude of limitations on prospective adoptive parents. Some are legitimate, as they fulfil the best interests of the child; but others are arbitrary and result from prejudice. Marriage remains a prerogative for receiving the authorisation to adopt in many countries of the Council of Europe. This differential treatment on the basis of marital status results in discrimination towards single individuals and LGBT+ persons, who are still to a large extent denied the right to marry. International law does not recognise the right to parent and this thesis will not call for it, rather it will demand a consistent and unbiased application of the best interests of the child, which legally speaking should already be the core consideration in the adoption process. In recent years there have been positive developments, and they will be used as case studies to understand how other member states can achieve inclusive adoption. In depth analysis revolves around the Netherlands, as a forerunner in the legal and practical implementation, alongside with Ireland, as a state that has recently adopted an inclusive policy, and Slovenia, as a country that is currently shifting. The consideration of the different actors of change is combined with those resisting inclusive adoption. Key words: inclusive adoption, best interests of the child, discrimination, Council of Europe, marital status, sexual orientation, single parents, LGBT+ parents.
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    Racial selection towards child adoption in Brazil: a right or a discrimination?
    ( 2017) Rodrigues, Isabela : Poggi ; Melo, Helena : Pereira de
    This study aims to analyse, from a legal perspective, whether the option to select race/colour in the adoption process in Brazil is provided for within the legal framework. In order to take on this challenge, the historical evolution of legislation concerning adoption and racial discrimination is analysed. Since an understanding of racism depends on the historical and cultural context surrounding it, racism in Brazil from a sociological point of view is analysed, albeit succinctly. The study focusses on two main concepts: the principle of the best interests of the child and the prohibition of racial discrimination. Both exist within the Brazilian legal system, expressly represented in its Constitution as well as Brazil being a signatory country to the United Nations Convention on the Rights of the Child (UNCRC) and the International Convention on the Elimination of all Forms of Racial Discrimination (ICERD).
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