There is now broad recognition of the systemic illicit nature of past practices in both national and intercountry adoptions. Today, many but not all of these illicit practices have been prevented thanks to the introduction of international safeguards such as the UN Convention on the Rights of the Child (CRC), Convention of 29 May 1993 on Protection of Children and Co-operation in Respect of Intercountry Adoption (1993 Adoption Convention) and Convention on Enforced Disappearances (CED). Enabling environments for such practices have been comprehensively outlined by the UN SR on sale and sexual exploitation in her landmark 2016 report.
The impact of these illicit adoptions has wide ramifications for the adoptee, birth family and adoptive family, in terms of rights violations including preservation of identity, protection against sale, trafficking and enforced disappearances. International standards create obligations on States to provide Access to Justice and Effective Remedies (AJER) in response to such violations. Human rights, including transitional justice, require the establishment of truth; procedural justice and substantive outcomes such as restitution; compensation; recovery, reintegration and non-recurrence.
This second webinar of the Preventing and responding to Illicit Intercountry Adoptions Webinar Series by Child Identity Protection will explore State responsibilities and initiatives preventing and addressing current illicit practices, including how to ensure a child-centred approach.
To prevent illicit ICAs, multiple States have ratified international standards, notably the 1993 Adoption Convention and collectively worked with the HCCH through Special Commissions and dedicated working groups to identify minimum standards. In response to current illicit ICA practices, States have introduced different moratoriums, laws and policies to sanction rights violations. National jurisprudence has also been developing.
Moderator: Maud de Boer-Buquicchio, former UN SR on sale and sexual exploitation of children and President, Child Identity Protection
Speakers:
- Benoit Van Keirsbilck, Member of the UN Committee on the Rights of the Child
- Laura Martinez-Mora, First Secretary, Hague Conference on Private International Law
- Ms Rachel Harvey, Senior Adviser Child Protection and Migration, Global Lead Violence Prevention and Response Systems, UNICEF
- Linda Reynolds, Inter-Parliamentary Union lead on 2025 statement
- Ariane van den Berge, Belgium Flemish Central Adoption Authority
- State of Origin, Central Adoption Authority (tbc)
View the first webinar in the series: