Orphanage Trafficking in International Law

Orphanage Trafficking in International Law explores the process of orphanage trafficking as a form of child trafficking in international law, examining the contexts in which it occurs and providing a comprehensive, holistic approach to addressing the issue as a form of trafficking. In doing so, this book establishes the method and process of orphanage trafficking as an issue of international concern. It reconceptualises the activity of orphanage tourism as a demand driver for child trafficking and a form of exploitation, and makes recommendations for how countries where orphanage trafficking occurs, as well as countries that contribute to orphanage trafficking via funding and volunteers, should tackle the issue.

Implications of irregular transnational adoptions within international standards: A review of intercountry adoption systems and Guatemalan birthmother perspectives

With growing global emergencies, child abduction became a concern in countries of origin and reception of transnationally adopted children. Improved regulations and standards to prevent child trafficking exhibit failures to ensure the best interest of children and the principle of subsidiarity. The article reviews relevant literature documents the Guatemalan birthmothers’ experiences and documented child theft, deception by trafficking networks, fraudulent adoptions, and familial coercion. Human rights and child welfare system implications drawn may be relevant to irregular transnational adoptions elsewhere.

‘I prefer not to know’: Spain’s management of transnational adoption demand and signs of corruption

The safeguards and measures to prevent child trafficking mentioned in the 1993 Hague Convention on Intercountry Adoption have proven insufficient in curbing the so-called irregular adoptions. An analysis of how Spanish central authorities and intermediary agencies managed the flow of adoption dossiers between 2003 and 2013 presents their inability to react swiftly to the imbalance between adoption demand and supply. The 2015 reforms in the Spanish law introduced measures to bring demand in line with real needs. However, imaginaries that portray adopters and children from the Global South as victims of meaningless bureaucracy continue to hold true even today.

Surrogacy in international private law and public law aspects

The proposed article is devoted to the issue of surrogacy in its international private law and public law aspects. The complexity and multidimensionality of issues, the emergence of which is due to the birth of children as a result of agreements on surrogacy, have been investigated. Taking into account the three main approaches to the problem of surrogacy existing in the world, namely: the first is a number of states and organizations that categorically deny the very possibility of trade in the context of surrogate motherhood, noting that the child is not talking about any deal; the second approach is that a significant number of stakeholders express concern about the potential merger of surrogate motherhood and child trafficking, which could lead to the criminalization of surrogate mothers and future parents, as well as possible violations of the right to sexual and reproductive health; the last group is a number of states and organizations that have spoken out in favor of a complete prohibition of surrogacy without any restrictions, the consequences of such approaches have been analyzed. Within the framework of this article, the author considers it appropriate to cite the position of the UN Special Rapporteur on the sale of children and the sexual exploitation of children, including child prostitution, child pornography and the production of other materials on sexual abuse of children, the Permanent Bureau of the Hague Conference on Private International Law, as well as the European Court of Justice on human rights on the issues considered. The article draws a number of conclusions. First of all, compliance with the recommendations of the Special Rapporteur requires the adoption of urgent measures to prevent violations of the rights of all participants in a surrogacy relationship due to their vulnerability. Also, regarding the lack of regulation of these legal relations at the level of law within the jurisdiction of Ukraine, the author expresses his opinion about the certain justification of such a situation until a unified normative act is adopted based on the results of the work of the Hague Conference on Private International Law. Harmonization of legal norms at the national and international levels will allow in the future to avoid conflicts in relations of cross-border surrogacy, taking into account the issues of child trafficking, non-discrimination and the right to health of children born through surrogacy, citizenship, name and family ties in the framework of respect for the child’s right to preserve his identity, as well as access to information on origins and rights to family life, etc

The Extent of Child Trafficking and National Response in Ethiopia: A Quantitative Study

This article analyzes the extent of child trafficking from a quantitative standpoint. The quantitative research approach was adopted in this study, supported by the application of cross-sectional exploratory and descriptive research design, which was used to address the extent of child trafficking in Ethiopia. A total of 636 household respondents were selected by systematic random sampling technique to fulfil the adopted quantitative survey. Data analysis was carried out using Statistical Package for Social Sciences (SPSS) version 24.0 statistical software packages. Adapt Quantitative-Logistic Regression, Bivariate analysis, Multivariate analysis, and Cross-tabulation of extent and factors of child trafficking were thoroughly quantified. The extent of child trafficking from the total result in the study area is about 128 children had been trafficked from the total of 636 households and that means the extent of child trafficking is about 20.1 percent in East Este Woreda and Debre Tabor woreda in or 1 child from 5 children had been trafficked. It recommended, the research is needed to identify the extent of child victims and vulnerable of trafficking in the study area to combat the problem. On the other hand, for a clear understanding of the International Conventions and Treaties (such as fully translating Rights of the Child and all ratified conventions), the publication should be translated to Amharic and Oromifa version (local language) in the official Negarit Gazeta of Ethiopia, so that everyone could understand and seek to implement their right easily. Information gup is a disadvantage for the nation, the government should use different programs on television and radio to address the issue.

PREVENTING CHILD TRAFFICKING BY CUSTOMARY INSTITUTIONS AND LOCAL WISDOM IN ACEH PROVINCE, INDONESIA

This paper aims to explain the causes of child trafficking in Indonesia and the efforts made by the Customary Institutions in preventing Child Trafficking in line with local wisdom values. This paper adopts normative juridical research by using the data collected through library research on regulations for child trafficking. The approach used is the historical approach and the conceptual approach. The role of Customary Institutions in Aceh and community involvement to prevent acts of violence and child exploitation is provided in the local law. The position and function of the Aceh Customary Institutions are dominant and can be used as a model of prevention of trafficking in children. Local wisdom is traceable in society despite some of these basic values are fading due to globalization and consumerism.

The Prevalence of Child Vulnerability and Its Nature: An Analytical Study on Bangladesh Perspective

Child vulnerability refers to the conditions where children have not the ability to protect them from harassment, maltreatment, and malnutrition which could them weakens. This study has tried to reveal the prevalence and the nature of child vulnerability in Bangladesh, and the root causes of child vulnerability have also been explored and debated, and discussed throughout the article. However, the study is narrative and qualitative in the manner and secondary data have been used to develop and support the arguments for the study. As findings, the study has also found that children are at great risks due to some notable reasons, such as excessive academic pressure, the worst form of child labor in the working place, disability, child trafficking, and natural disasters which led them to be victimized with maltreatment and malnutrition which is more prevalent in the rural and urban slum areas. Moreover, climate change and disasters have been playing an adverse role to increase the prevalence of children's vulnerability in Bangladesh. In conclusion, the study suggests that decision-makers and policymakers need to be more conscious and responsible to revise the existing legal frameworks and their effective implementation for the protection of children against vulnerability.