Book review: Children's Rights in Intercountry Adoption

Book review: Children's Rights in Intercountry Adoption

Under English law, the rights of the child must always be paramount, following the implementation of the Children Act 1989. But do children in other countries, specifically European countries, receive the same degree of protection – particularly when the issue is intercountry adoption? br br This book published by Intersentia examines this and related issues with thoroughness and clarity. The key question it aims to answer is: ‘how can we best protect the rights of children involved in intercountry adoption in Europe?’ br br The author Claire Fenton-Glynn has augmented the original research undertaken for her doctoral thesis completed at the University of Cambridge in 2013. Initially, she reminds us that intercountry adoption, on a global scale, that is, began as a humanitarian practice following the carnage of World War II and subsequent conflicts in Korea and Vietnam. br br The adoption of ‘war orphans’ as they were called, seems to have been quite widespread and consequently alluded to in several Hollywood films of the post-war period. For example, ‘Miracle on 34th Street’ made in 1948 shows the then six-year old Natalie Wood as quite bemused by the department store Santa at Macy’s speaking in fluent Dutch to a little girl from Holland adopted by an American family. br br Unfortunately, the benevolent spirit which largely inspired these adoptions has worryingly evolved into, in the author’s words, ‘a multi-million dollar business marred by widespread accusations of human rights abuses and concern over the law’s ability to prevent them.’ Her research indicates that in 2010, fifty per cent of all children involved in intercountry adoption worldwide were sent to countries within Europe. br br Therefore Europe, as she points out ‘provides a unique opportunity to examine the practice of intercountry adoption’ as it contains both states that act as countries of origin for children being adopted, (mostly Eastern European states) and receiving countries where children are mostly placed, (primarily in Western Europe). br br Fenton-Glynn adds that Europe’s legal landscape based on human rights legislation (the EHCR) ‘provides an unrivalled opportunity to regulate intercountry adoption on a regional level.’ br br As a foundation for analysis the book uses the “United Nations Convention on the Rights of the Child” and the “Hague Convention on Protection of Children and Co-operation in Respect of Inter-Country Adoption”. br br To create a better understanding of ‘the different ways in which the rights of children can be implemented, or violated,’ Fenton-Glynn selects and harnesses a wealth of data from various European countries in order to show examples of both good and bad practice in intercountry adoption. The desired result is to produce practical and workable guidelines which will properly protect the rights of children in Europe.


User: Phillip Taylor

Views: 6

Uploaded: 2015-03-17

Duration: 00:30

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