CLHDIPr (HCCH) - Nota informativa sobre el terremoto de Haiti‚ y las adopciones internacionales
Fuente: Hague conference on international law
[ 1 ]
Página 1 de 1
En relación con los niños que han sido víctimas del terremoto ocurrido
de Haiti y con el objeto de evitar posibles abusos a través de los
mecanismos de adopción internacional, la Conferencia de La Haya de
Derecho Internacional Privado (CLHDIPr) publica a 20 de enero una Nota informativa dirigida a los Estados y Autoridades centrales, que fue dada a conocer mediante la siguiente Nota de prensa:
Haiti earthquake and intercountry adoption of children
The
recent tragic events in Haiti highlight the need to ensure appropriate
safeguards are in place to protect vulnerable children at risk of
illegal adoptions, abduction, sale and child trafficking.
The
Secretariat of the Hague Conference on Private International Law has
issued an Information Note to authorities designated under the 1993 Hague Convention on Intercountry Adoption,
States and international organisations on the principles which should
be observed to prevent risk of exploitation of internationally
displaced children following a natural disaster. The following are
extracts of the Information Note:
In a disaster
situation, like that brought about by the earthquake, efforts to
reunite a displaced child with his or her parents or family members
must take priority. Premature and unregulated attempts to organise the
adoption of such a child abroad should be avoided. Where an adoption
has already been completed by a court in Haiti and all safeguards have
been applied, but certain administrative procedures (e.g. relating to
travel documentation) remain to be completed, it may well be
justifiable to expedite the transfer of the child to the State where
the child is to live with the adoptive parents. It is essential that
the identity of the child be verified before departure. A humanitarian disaster such as the earthquake should not be the reason for by-passing essential safeguards for safe adoption. The
reason for such caution is to avoid a situation in which the child is
placed with prospective adoptive parents, the process of bonding and
integration begins, but then has to be terminated because legal
obstacles or irregularities emerge, with all the potential for damage
to the child and anguish for the prospective adoptive parents. These
considerations apply equally in an emergency situation. Indeed in a
situation where child care and protection services have broken down
such as in Haiti, the risks are even greater that the adoption may be
unsafe. This is why in these tragic situations the emphasis should
first be on child protection, rather than adoption.
A
coordinated approach of all receiving States as well as international
organizations and NGO should be taken in order to provide a common
solution. Humanitarian aid and help should be provided to these
children as well as other children in care in Haiti.
The 1993 Hague Convention on Intercountry Adoption reinforces principles of the UN Convention on the Rights of the Child.
The 1993 Hague Convention establishes a framework to ensure that
intercountry adoptions are made in the best interests of the child and
with respect for his or her fundamental rights, and to prevent the
abduction, the sale of, or traffic in children. More than 80 States,
including almost all States receiving adopted children, are parties to
the 1993 Hague Convention. Although Haiti is not a party to the
Convention, receiving States should apply these standards and
safeguards.
The Hague Conference appeals to Haiti and States
receiving children to observe these safeguards to ensure that children
are protected from further harm that might arise from an already tragic
situation.
THE HAGUE, 20 January 2010
La Nota informativa dirigida a los Estados y Autoridades centrales: http://www.hcch.net/index_en.php?act=events.details&year=2010&varevent=183
