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International Adoption: The Human Rights Position
Author(s) -
Bartholet Elizabeth
Publication year - 2010
Publication title -
global policy
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.602
H-Index - 33
eISSN - 1758-5899
pISSN - 1758-5880
DOI - 10.1111/j.1758-5899.2009.00001.x
Subject(s) - human rights , fundamental rights , sovereignty , international community , international human rights law , right to property , siege , political science , intermediary , position (finance) , state (computer science) , law and economics , law , sociology , economics , politics , archaeology , finance , algorithm , computer science , history
International adoption is under siege, with the number of children placed dropping in each of the last several years, and many countries imposing severe new restrictions. Key forces mounting the attack claim the child human rights mantle, arguing that such adoption denies heritage rights and often involves abusive practices. Many nations assert rights to hold on to the children born within their borders, and others support these demands citing subsidiarity principles. But children’s most basic human rights are to grow up in the families that will often be found only through international adoption. These rights should trump any conflicting state sovereignty claims. Policy Implications• International adoption is under siege by those claiming the human rights mantle. • Children’s most fundamental human rights include the right to a nurturing family which is often available only through international adoption. • Children’s fundamental human rights should trump state sovereignty claims. • Neither adoption abuses nor concepts of heritage justify restrictive international adoption policies, in‐country holding periods or the elimination of private adoption intermediaries. • International adoption appropriately recognizes children as citizens of a global community with basic human rights entitlements.