CEU Electronic Theses and Dissertations, 2015
| Author | Stanev, Kaloyan Georgiev |
|---|---|
| Title | The rights of unparentred children under siege: the need for a right to be adopted |
| Summary | There are millions of parentless children in the world who currently fade out in institutions or on the street all over the world. Regardless of the fact that domestic and intercountry adoption (ICA) is often the only way for such children to be raised in a family environment and thus to have the opportunity to develop to the highest of their potential and enjoy a life full of dignity, international law, as it stands at the moment, is very hostile towards adoption and, especially towards ICA and leaves the discretion on whether to allow or ban ICA to the discretion of the corresponding states. The thesis examines how international law, namely the Convention on the Rights of the Child and the Hague Intercountry Adoption Convention deal with ICA. Secondly, a systematic preview of the arguments used against ICA is being offered. What is found is that international law allows for using ICA and the rights of unparented children as instruments for states to achieve other political goals, which clearly falls against the interests of the children. This thesis aims at challenging this state of play by arguing that the international community, national states and advocates for children’s rights should recognize that children have a fundamental right to be adopted, which includes the right to be considered for ICA. This right will act as a way of protecting children against state interests. Next, the impact of international law and the discourse surrounding ICA on a domestic level are analyzed through the experience of one sending country – Bulgaria. Finally, what obligations would recognizing the right of children to be adopted will impose on states is discussed. |
| Supervisor | Uitz, Renata; Polgari, Eszter |
| Department | Legal Studies MA |
| Full text | https://www.etd.ceu.edu/2015/stanev_kaloyan.pdf |
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