On September 29, 2022, the Committee on the Rights of the Child, the Committee on Enforced Disappearances, the Special Rapporteur on the promotion of truth, justice and reparation, the Special Rapporteur on the sale and sexual exploitation of children, the Special Rapporteur on trafficking in persons, especially women and children and the Working Group on enforced or involuntary disappearances have issued a joint statement (in English only) on illegal international adoptions.
This declaration aims to “promote a human rights-based and gender-sensitive approach to preventing and eradicating illegal intercountry adoptions by identifying the rights that are violated by illegal intercountry adoptions and clarifying the obligations of States in this regard. regard, under international human rights law .
This text is undoubtedly welcome at a time when many host countries are considering how to respond to the consequences of past mistakes. The right of victims to know the truth and to obtain the assistance necessary to find their origins is, for example, clearly expressed there. However, the UN authorities have included in their approach other rights and different concepts which, in my opinion, would have deserved either a more detailed lexical study or a development of their ins and outs.
In general, this text presents the risk of a certain confusion insofar as it does not make sufficient distinctions between the bad practices of the past and the standards of human rights whose application is necessary and recognized today. .
On the qualification of the theme first of all: speaking of “illegal international adoptions” certainly makes it possible to grasp the subject of the declaration, but the use of the word “illegal” is not appropriate. In my opinion, there is a bias in understanding between, on the one hand, what is considered today as an "illegal adoption", and, on the other hand, the analysis of the practices which may have affected procedures in the past. In a current reading, there is no doubt that "adoptions that are the result of crimes such as abduction, sale or trafficking of a child, fraud in declaration of adoptability, falsification of official documents or coercion, as well as any activity or practice such as the absence of the appropriate consent of the biological parents, improper material profits for the benefit of intermediaries and the corruption associated therewith, constitute illegal adoptions and must be prohibited, criminalized and punished as such ”.