The global orphan adoption system
Lee Kyung-eun, [translated by Teri Kang]
Koroot·2021-01-01
- 304쪽
- 152×228mm
- 사회과학
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책 소개
Korea is one of the crucial leading countries in the “transnational experiment of child care”, invented by human community after the World War II. Among sending countries of adoptees, it is actually the country where the intercountry adoption practices began.The fundamental source of power to sustain intercountry adoption practices is, as Dr. Nigel Cantwell mentions in his endorsement, the “glowing image” of adoption. In other words, the “glowing image” is a key obstacle to reach to the reality of intercountry adoption. Instead of jumping into a fight to break down the barrier, Dr. Lee, Kyung-eun uses the international laws as her surgical blade to dissect practices of intercountry adoption from Korea. She uncovers the fact that the government and private agencies as partners have made “orphans” systematically, widely, but ironically in legal boundaries. Adoptees’ human rights have been violated as the result. Dr. Lee pointed out the negligence of international society that was aware of Korea’s failure in complying international legal system. She reminds the international communities, especially receiving countries, of their responsibility to demand sending countries an enhanced legal system to protect child rights.Growing requests from adult international adoptees to find their identities and information on their adoption revealed many evidences that adoptees’ rights were violated by the intercountry adoption system. Many countries started investigating past abuses and malpractices of adoption and finding a way to recover adoptees’ rights from the unethical and illegal practices. This book could be guidance to the government, legal experts, researchers and adoption-related stakeholders who wish to transform the current global “orphan” adoption system into the alternative care system for the best interests of the child.
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IntroductionI. The Emergence of Modern Adoption Laws and Intercountry Adoption 1. The traditional family succession system and modern adoption laws 2. World War II and intercountry adoption in Europe 3. The global expansion of transnational adoption generated by market mechanisms 4. The transnational development of legal system for orphan adoption 5. Conclusion: the vulnerability of the rights of the child posed by the orphan adoption legal systemII. The Development of International Norms for the Rights of the Child and Intercountry Adoption 1. UN norms for child rights and adoption 2. The principle of the best interest of the child and the decision of adoption 3. The procedural guarantee in determining a child’s best interests 4. Conclusion: limitation of international public law in regulating adoptionIII. The Role of Receiving Countries in Regulating the Procedures of Intercountry Adoption 1. Regulation by the initiative of the receiving countries 2. The Hague Process and the protection of the rights of the child 3. The prohibition of inappropriate financial interest in intercountry adoption 4. Conclusion: conflicts over the effectiveness of the regulation on intercountry adoptionIV. The Regeneration of International Child Placement Decision-Making by Sending Countries1. The principle of equality and non-discrimination in child protection2. The discrepancy in adoptability decision-making3. The principle of subsidiarity in intercountry adoption4. The vulnerability of the child protection system in sending countries5. Recommendation: whom to regulate and howConclusion
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