A/HRC/34/55 E. Measures to prevent and combat illegal adoptions 69. 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. 1. National child protection systems 70. The way in which child protection and alternative care systems are designed, organized, resourced and monitored has a considerable impact on the degree to which they become implicated in illicit practices leading to illegal adoptions. For instance, the provision of alternative care that relies primarily on privately run residential facilities constitutes a major risk for the occurrence of illegal adoption. Moreover, States where such arrangements are prevalent are often not in a position to exercise the oversight necessary to ensure adherence with international standards.65 71. An advisory council in the Netherlands has concluded that intercountry adoption negatively affects the development of child protection systems in countries of origin, rendering the services provided by the latter of a lesser quality than would be the case if no intercountry adoption existed. It has called upon Governments to focus on protecting children in countries of origin by supporting the implementation and advancement of national child protection systems.66 2. Regulation and supervision of adoption processes 72. States have adopted various measures to regulate and control adoption processes with the aim of preventing and addressing illegal acts and illicit practices. Most of the measures covered in the present section apply to intercountry adoptions and reflect the efforts of both countries of origin and receiving countries to tackle the numerous illegal acts and illicit practices affecting such adoptions. 67 Prohibition of private and independent adoptions 73. Private and independent adoptions are initiated and processed without the oversight of competent authorities, and therefore often involve illicit practices. 68 They are incompatible with the 1993 Hague Convention. 69 Many such adoptions, however, occur in countries of origin that are not parties to the Convention, where procedures and systems may fall below international standards. Some receiving States also permit private and independent adoptions when they are carried out from countries of origin that are not 65 66 67 68 69 16 See www.alternativecareguidelines.org/Home/tabid/2372/language/en-GB/Default.aspx. See https://www.rsj.nl/binaries/Samenvatting%20Interlandelijke%20adoptie% 20Engels%2020161101_tcm26-176572.pdf. Guide No. 1 on good practices for the implementation of the 1993 Hague Convention establishes that contracting States are not bound to engage in any particular level of intercountry adoption (see sect. 8.2 on placing limits on intercountry adoption). See https://assets.hcch.net/upload/adoguide_e.pdf. Defence for Children International, “Preliminary Findings of a Joint Investigation on Independent Intercountry Adoptions (1991, Geneva). See https://assets.hcch.net/upload/adoguide_e.pdf.

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