A/HRC/34/55
immediate aftermath of the tsunami. 92 Similar conclusions were drawn following the
earthquakes that hit Haiti in 201093 and Nepal in 2015.94
IV. Conclusions and recommendations
A.
Conclusions
91.
Illegal adoptions, namely adoptions that are the result of crimes such as the
abduction and sale of and the trafficking in children or that are processed through the
commission of other illegal acts or illicit practices such as the lack of proper consent of
biological parents, fraud and improper financial gain, violate multiple child rights
norms and principles, including the best interests of the child.
92.
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.
93.
In order to effectively prevent and eradicate illegal adoption, States must take
measures to address the push and pull factors, as well as the enabling environment, of
the current adoption system, in which illegal adoption persists. In respect of
intercountry adoptions, countries of origin and receiving countries bear joint
responsibility for tackling systemic problems. The current system not only facilitates
and encourages illegal adoptions but also accepts measures that foster them. A major
factor enabling illegal adoptions is the level of financial advantage that can be
obtained from the procurement of children for intercountry adoption. As long as
adoption fees and costs are not reasonable and not made transparent and as long as
contributions and donations are involved, there will continue to be a substantial
incentive for illegal adoptions to take place.
94.
In addition, countries of origin and receiving countries bear joint responsibility
for ensuring the rights to truth, justice, reparation and guarantees of non-recurrence
of victims of large-scale illegal adoptions that were tolerated or actively promoted by
the State. States must acknowledge their responsibility vis-à-vis illegal adoptions by
anticipating strategies and adopting comprehensive measures to ensure accountability
and provide redress to victims.
B.
Recommendations
1.
At the national level
95.
The Special Rapporteur invites all States to:
(a)
Ratify the Convention on the Rights of the Child and its three Optional
Protocols, as well as the 1993 Hague Convention on Protection of Children and
92
93
94
See https://www.unicef.org/protection/Separated-20Children-20Guiding-20Principles20Tsunami%281%29.pdf.
See https://www.hcch.net/en/publications-and-studies/details4/?pid=4933&dtid=28.
See www.un.org/apps/news/story.asp?NewsID=51213#.WC3JDuQppfc.
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