A/HRC/19/63 63. The number of children who are orphaned in a natural disaster is usually overestimated, and the ability of the community to care for its children is often underestimated.49 64. In their responses to the questionnaire, several responding States indicated that legislation was in place with regard to the issue of national and international adoption. In Portugal, any entity examining and evaluating a child’s social and legal situation or responsible for implementing a child’s adoption project is prohibited from acting as an intermediary in the adoption so that there is no direct contact with the biological family. The final decision on an adoption is made by judicial order. 65. In the aftermath of the earthquake in Haiti, many receiving countries bowed to internal pressure and “expedited” the displacement of children (between the ages of 3 months and 18 years) for adoption in their own countries, based on ad hoc criteria. It has also been noted that the rapid removal of Haitian children without a court order was unwarranted; some of the children were in the process of being adopted before the earthquake hit. (e) Access to child protection systems and justice 66. An essential component of the victim identification process indicated above is ensuring the establishment and availability of appropriate procedures, including childfocused or child-friendly, independent, timely and effective reporting and complaints mechanisms.50 However, lack of availability, knowledge about, or access to justice mechanisms means that they are frequently inaccessible to child victims. In many instances, resolution of cases is promoted through community dispute resolution processes that may not always ensure that child victims have effective access to justice. 67. In 2010, UNICEF supported nearly 131 countries in strengthening their social welfare and justice systems. Fifteen other countries, including natural disaster-prone countries (such as Guatemala, Mozambique, Pakistan and Bangladesh) initiated a comprehensive mapping and assessment of child protection systems. UNICEF and its partners identified a collective starting point for understanding child protection systems as a common frame of reference. 51 68. Little is known about the availability or accessibility of child-sensitive complaints, reporting and counselling mechanisms. While a significant level of abuse and exploitation of children is occurring in emergency situations, it is chronically underreported. 52 4. Long-term recovery/rebuilding 69. In the natural desire to re-establish a sense of normalcy, there may be a rush to undertake poorly planned activities that may perpetuate or exacerbate the conditions of vulnerability of the human population and physical infrastructure, both of which increase the risks faced by children.53 70. After a disaster, extensive time is required to conduct impact studies, design programmes and projects, negotiate and secure reconstruction financing and initiate 49 50 51 52 53 14 Save the Children, Misguided Kindness (see footnote 49), p. 1. For more details on the establishment and operation of reporting and complaints mechanisms, see A/HRC/15/56. UNICEF’s response to the questionnaire. Save the Children, No One to Turn To: The under-reporting of child sexual exploitation and abuse by aid workers and peacekeepers, London, 2008, pp. 1, 3 and 12. Ibid., p. 3.