Suzanne Gilbert
This is excerpted from a presentation I made at St. John's University in a talk on "Trafficking, Transnational Adoption & Triggers".
It drew from research into the overlap between human trafficking and international adoption behind my novel Tapioca Fire. Some of the list are not currently being interpreted as applying to the prevention of illegal adoptions transnationally but were included in the discussion to HIGHLIGHT that fact.
For interpretation of earlier protocols, 90 countries:
- best interests of the child prioritize remaining in family of origin
- recognize international adoption when its done in accordance with the Convention
- child laundering
- child trafficking
Under the United Nations Convention against Transnational Organized Crime and Smuggling. The Protocols:
1994 – International Trafficking in Minors
1996 – International Trafficking in Children
1998,1999 – Trafficking Protocol, esp., article 3, definition.
One of three protocols under this, the Trafficking Protocol [Protocol to Prevent, Suppress and Punish Trafficking in Persons], ave 2000 first definition of “trafficking in persons”.
Formally known as the Protection of Children and Cooperation in Respect of Intercountry Adoption, it is underpinned by the US Intercountry Adoption Act and domestic laws in other countries.
Especially Article 7 (1): “The child shall be registered immediately after birth and shall have the right from birth to a name, the right to acquire a nationality and. as far as possible, the right to know and be cared for by his or her parents.”
Focus on Civil Aspects of International Child Abduction which defines “breach of custodial rights” doesn’t help birth parents
Genocide = “Forcibly transferring children of the group to another group”… “with intent to destroy….a national, ethnical, racial or religious group.”
