International adoptions should be investigated for human rights violations

There is a need to change the statute of limitations so that compensation can be paid to adoptees if their human rights have been violated. In addition, the government should set up an independent board that can in future initiate investigations and make decisions about possible compensation for victims.

The Danish state's responsibility in cases of illegal international adoptions should be thoroughly investigated. If the state has violated human rights, the state may be obliged to pay financial compensation. Therefore, the statute of limitations should be changed as soon as possible, so that there is no doubt that the state can pay compensation to the adopted.

This is the assessment of the Institute for Human Rights in a new analysis in the wake of recent media coverage of a large number of cases of illegal international adoptions.

" It is absolutely crucial to find out whether the Danish state has committed human rights violations in the adoption cases in question. In particular, it is important to map out whether the Danish state has violated human rights by failing to protect the right to family life, " says Marya Akhtar, head of legal affairs at the Institute for Human Rights.

According to international conventions, Denmark is obliged to ensure that adoptions take place in the best interest of the child and with respect for fundamental rights, including the right to family life.

If an investigation concludes that victims have had their human rights violated, the state is in certain cases obliged to provide financial compensation to the victims. However, the Danish statute of limitations may stand in the way of the adoptees being able to receive compensation.

The Institute for Human Rights therefore recommends that the government and the Danish Parliament now ensure that the law is changed so that no claims for compensation are time-barred in cases of more serious and systematic violations of children's human rights. The changes should apply retroactively.

" The current cases show once again that there is a need to change the legislation, so that cases of more serious and systematic violations of children's rights never expire," says Marya Akhtar.

In light of the adoption cases and other cases concerning historical violations, the Institute for Human Rights also recommends that the government immediately set up an independent board that can map the state's responsibility in cases of suspected historical violations with a focus on human rights.

"The board must be able to make decisions based on professional and not political considerations. As it is today, it is a purely political decision when a case concerning historical violations should be uncovered. It can lead to unfair discrimination,” says Marya Akhtar.

"The current cases show once again that there is a need to change the legislation, so that cases of more serious and systematic violations of children's rights never expire," says  Marya Akhtar.

In light of the adoption cases and other cases concerning historical violations, the Institute for Human Rights also recommends that the government immediately set up an independent board that can map the state's responsibility in cases of suspected historical violations with a focus on human rights.

"The board must be able to make decisions based on professional and not political considerations. As it is today, it is a purely political decision when a case concerning historical violations should be uncovered. It can lead to unfair discrimination,” says Marya Akhtar.

The Institute for Human Rights recommends that:

• As soon as possible, the Ministry of Social Affairs, Housing and the Elderly will initiate a legal investigation into international adoptions, which will determine whether the Danish state has violated human rights.
   
• The Government and the Folketing amend the statute of limitations so that claims for compensation directed at the authorities in cases of more serious and systematic violations of children's human rights do not become statute-barred. The change should apply retroactively, so that claims that may already be out of date can be asserted in the future.
   
• The Government and the Folketing establish an independent and permanent court-like board with competence to initiate investigations into cases of suspected historical violations with a focus on human rights. On the basis of the investigations carried out, the committee should have the mandate to pay compensation to victims.