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22/04/2010

Adoption ou vente. L'influence de l'industrie de l'adoption dans l'Union Européenne

adoption oder verkauf.jpgADOPTION OR SALE. The influence of the adoption industry in the EU

The welfare of the child concerned is in the subject of international adoption not always at the center of the decision. And: Behind it an industry operates with tangible economic interests. Which is also very active in the EU.


An Internet video of the Italian adoption agency Amici dei Bambini. Several African children stand in front a few huts and look confused at the camera. In the background, CEO Marco Griffini warns: These Congolese children desperately need our help, their own parents have failed them. Here at latest Roelie post hears all the alarm bells. This Dutch woman worked until recently for the EU Commission in the area of child protection.

 

"They go into the poor areas and villages, and look where there are poor families or single mothers, or families in crisis, and then say we have a better solution: Your child can get into a home and get a good education. And in the end the child then goes abroad. "

Roelie Post knows many of these cases and fights for a global ban on international adoptions - also here in Europe. In the late 90s, they had discovered in Romania a systematic trade in children in care. At that time she was responsible for the allocation of EU funds to the Romanian child protection and unveiled a sophisticated system.

 

"Foreign adoption agencies give money for child protection in Romania and got points for it. And the adoption agencies which had the most points got also most children."

The more money a foreign adoption agency donated to a home, the more children it received for foreign adoptions. Hence the interest of the agencies to get the highest possible amount of EU aid and money children’s homes. In this way, more than 30,000 Romanian children have been taught in other countries - often without the knowledge of parents. Roelie Post turned to her highest boss: Günter Verheugen, Enlargement Commissioner at that time. He demanded an immediate stop of Romanian adoptions. Verheugen recently confirmed for the first time publicly that the case of the imminent adoption ban in Romania reached at that time, the political level:

 

"The political pressure came again and agaain from the same countries: From France, from Italy, Spain, Israel and the United States. I remember a conversation with the Romanian Prime Minister, to whom I said: My patience is at an end, now you allow no more adoptions or I can not help as far as the accession to the European Union. So sharp it has been. "

As a result, Romania decided in 2004 generally againstinternational adoption and now supports families in need directly, so they are no longer dependent on homes. For the adoption industry that was a shock, as will be seen. Romania has since been under enormous pressure from lobbyists.

 

"It is the first large country, which has really stopped: no more adoptions abroad. The lobby is afraid that other countries would follow suit, and that's what happened: That means there are currently much less children than before. So the pressure is huge. "

So also in the EU Parliament.

 

Marco Griffini, the head of the Italian adoption agency used the recent Petition Committee of the Parliament to nail Romania. Griffini claims Romania of violating human rights:

"I do not understand why Romania, this country that we have always loved, has banned international adoption, and denied poor children the right to a family. Finally, tens of thousands of Romanian children wait for adoptive families."

The Romanian authorities relativate Griffini’ss statistics and talk of around eight hundred children waiting for adoption.

 

In the EU Parliament, the Head of the Italian adoption agency gets support of the Italian Member of Parliament Patricia Toia: Romania could have a bilateral adoption agreement with Italy, she suggests. Also the relevant EU official, the Italian Patrizia de Luca finds: the request could perhaps move Romania to "rethink". Although it is her duty to be neutral. Indignation at the Romanian MEPs. Victor Bostinaru, whose country had imposed an adoption stop indeed at the insistence of the EU:

 

"In my country, senior politicians were implicated in child trafficking, including the judiciary and the adoption authorities. To demand now here in the EU Parliament that my country is to allow international adoption again - is not only dangerous but also morally and politically unacceptable! "

 

At the end the request falls through, the parliament votes against the request, that Romania might loosen its adoption ban. In the backrooms the lobbying of adoption agencies, however, continues.


Unofficial translation - original text: Adoption oder Verkauf. Der Einfluss der Adoptionsbranche auf die EU.

Source: Pound Pup Legacy.

 

11:06 Écrit par collectif a & a dans Adoption internationale | Lien permanent | Commentaires (0) | Tags : europe, adoption, roumanie, italie | |  del.icio.us

21/10/2009

Orphelins roumains, prêt à l'exportation vers l'Union Européenne.

Orphelins roumains pret a l exportation vers l Union Europeenne.jpgLa Commission Européenne et l’Office Roumain pour les Adoptions force tranquillement pour rouvrir les adoptions internationales.


De notre correspondant à BRUXELLES – Depuis près de 3 mois, l’Office Roumain pour les Adoptions (ORA) travaille à modifier la loi 273 de l'année 2004, loi qui avait arrêté la traite des enfants en provenance de Roumanie vers d'autres pays, sous le couvert des adoptions internationales.
Les fonctionnaires de l'ORA n'ont pas agi de leur propre chef, mais avec le soutien de groupes d'intérêt aux Etats-Unis, en Italie, en France et d'autres pays.


Voci la traduction intégrale en anglais de l'article "Orfanii români, pregătiţi de export în UE" publié le 20 octobre 2009 dans le journal roumain Jurnalul National.

 

European Commission and Romanian Office for Adoptions quietly force to reopen international adoptions.


REPORTING FROM BRUSSELS - Romanian Office for Adoptions prepares since almost 3 months to modify law 273 of 2004, the law that stopped the trafficking of children from Romania to other countries, under the guise of international adoptions.

ORA officials have not acted on their own, but with the support of interest groups in the U.S., Italy, France and other countries.

By  Mircea Opris. 20/10/2009

 

These groups were used by a Directorate of the European Commission, which will hold a conference for the reopening of international adoptions from Romania, on 31 November and 1 December in Strasbourg.

 

The European Commission requires changing of the law, imposed by itself as a condition of our entry in the EU. Jurnalul National was able to look into the corridors of these international operations, with the help of a source inside the European Commission, whose identity we will protect for understandable reasons.

 

ROMANIANS WAITED FOR THE RESIGNATION OF THE GOVERNMENT

The Romanian Office for Adoptions paved the way for amendments to the law prohibiting international adoptions since the summer, when they organised two conferences, both held in Timisoara. The first took place in early September and referred to the rights of the adopted child. Here were assembled all the directors of the child protection directorates in the country for a central database for the adoption process, data about the number of adoptable children and of adoptions in process. A second conference was also held in Timisoara, away from the eyes of the EU mission in Bucharest.

In the period 27-30 September 2009, UNICEF Romania and the National Authority for Child Protection (ANPDC) organised the National Conference which opens the series of events dedicated to celebrating the 20th anniversary of the adoption of the Convention on the Rights of the Child. Attending were representatives ANPDC, DGASPC sites, UN agencies in Romania and other government institutions and NGOs.

 

Here, Romanian and international institutions, together with NGOs involved in adoptions have finalized, in order to promote later, by legislation the Integrated National Action Plan on Preventing and Combating Violence against children. Coordinators were Ileana Savu, Secretary of State at the ANPDC, and Edmond McLoughney, UNICEF Representative in Romania.

With only one day before the predictable failure of the Boc 2 Government, ORA proposes, through a Memorandum sent to the Government, to reopen international adoptions. The document prepared by ORA shows that during the four years of implementation of Law 273/2004, concerning the legal status of adoption, it was found that there are some categories of children who are "hard to adopt" because the regulatory framework in force does not identify appropriate solutions with a permanent character. The initiators of the document state that such a measure should be taken, having regard to provide equal opportunities for all children separated from their natural families, who can not be reintegrated and can not be adopted in Romania.

 

The role of "soldier of sacrifice" was for Secretary of State of the Romanian Office for Adoptions, Bogdan Panait, who said the reopening of international adoption will be done only in cooperation with accredited authorities of the respective States, in order to avoid corruption. He fails to convince why this memorandum was submitted to the government at a time when Romania has no government.

"I submitted the memorandum Monday morning before the vote of the motion (the fall of the government - sic). I do not know what will happen to it. I am in a hurry, it's one thing we wanted to submit for political debate and decision, and I think that this Government could discuss this Memorandum, "said Bogdan Panait. Clearly, ORA took advantage of political turmoil in Bucharest to demand a change of the law, to negotiate it with the next government to be appointed.

 

Approval of this Memorandum means practically the amendment of Law 273 on the rules of adoption. Some of negotiations with representatives of U.S. and EU countries, interested in adoptions from Romania could be possible to adopt the memorandum and adoption law. "When I came here, I had a discussion with the Prime Minister (Emil Boc - Sic). Of course, there were many complaints from families and international fury, but the discussion was to value and change the law.

 

Sure, he was not clear if it was about international adoption. I have taken up this mission. The modification was made. The law is ready for 99 percent, in the coming weeks it will be subjected to public debate and will be posted on the website. But from the context in which we made the changes to the law, I have concluded - and because of international protocols - that we can go ahead with the idea and start procedures for international adoption.

 

Sure, this is not a decision which I can make. And that’s why I made this Memorandum, a memorandum which is very neutral. It is up to the Government to decide to what extent it is the political moment, we have statistics, I mentioned the commitment of Romania in the field and the decision will be entirely to the government," said Bogdan Panait a few days ago. Interestingly, in early September, in an exclusive interview to Jurnalul National, the same Secretary of State said that "As long as I am the director of  ORA, if the government will ask me to find a solution to the international adoptions, for the moment at least, such thing is excluded".

Once more it will create the image that again we will trade, traffic and other dealings with children. In three or four years perhaps, but it is the responsibility the Romanian State must bear." Powered by internal and external pressure or not, Bogdan Panait had no patience for three or four years and urged the reopening of international adoptions as soon as possible.

 

 

SLAP FROM THE GOVERNMENT

 

Subtle movement to amend the Law 273, which became a mandatory condition of Romania’s accession to the EU, was dismantled by the Government that gave its last breath. On October 16, the Romanian Executive announced officially that it does not support the memorandum initiated by the Romanian Office for Adoptions, which proposes reopening the international adoptions. The Memorandum represents the point of view of the institution and is not endorsed by the Emil Boc Cabinet Emil, still in office. The Government had no discussion about this Memorandum and therefore has not taken any decision on this document.



Prime Minister still in office, Emil Boc, believes that current legislation in the field of international adoptions is in accordance with international law and European standards.
The same view was exposed by former PSD Foreign Minister, Cristian Diaconescu.

 

ADOPTION MAFIA WORKS THROUGH THE EUROPEAN COMMISSION

 

The European Commission and the Council of Europe have prepared the international conference "Challenges of the procedures for adoption in Europe", which originally was to be held on 26 and 27 November in Strasbourg. Beyond discussions of principle, the ultimate aim of the conference is to develop a joint recommendation that Romania should follow the Bulgarian model, which is to reopen international adoptions. Those of the European Commission and NGOs who oppose this idea immediately came into conflict with the organizers.

 

The website announcing the conference and where one could register was suspended and amended several times, and those interested to participate could not register. Subsequently, only NGOs approved by the organizers were informed by e-mail, and not at the official site of the conference, that the dates had changed and the conference would be held between November 30 and December 1. The worst thing is that the team of the European Commission in charge of organising the conference is not legally allowed to do so.

Specifically, the Directorate General for Justice, Freedom and Security of the European Commission, the unit E2 - Civil Justice, headed by the Finnish Salla Saastamoinen organises the conference. The coordinator of the organisational team is the Italian Patrizia De Luca, working in that directorate. According to the organigram of the European Commission, the Rights of the Child are part of the D1 of Directorate D of the European Commission, led by the Romanian Aurel Ciobanu-Dordea. Sources in the EC Directorate D told National Journal that this structure has no involvement in organising the conference in Strasbourg, although it is the only unit that has competence in children's rights in the European Commission.

 

The same source says that Directorate E2 violates the official regulations of the EU, more precisely the European Union anti-corruption policy, which states that a Directorate can not organise actions on issues that do not fall within their powers, conform the Communication on Anti-Corruption Policy, number 317 of 2003, addressed to the European Council and the European Parliament.

 

HOW TO SUBSTITUTE THE EUROPEAN COMMISSION

 

The organisational team E2 of the Directorate of Justice has hired a private firm that bought an Internet domain, www.adoptionprocedure.net, announcing the upcoming conference. Normally, the conference should have been officially announced on the Internet pages of the European Commission and the Council of Europe. Subsequently, the team only had contact with organisations and NGOs who are in favour of reopening international adoptions and ignore all others and international media interested in this subject. Many last-minute changes were only announced on the website of the conference at the last minute, or not announced at all.

Jurnalul National managed exclusively to unveil the secrecy around this so important conference, even at the European Commission in Brussels, from a source working in the Directorate of Justice caught offside, ie unit E2. This source claims that postponing the conference has nothing to do with the submission of the Government memorandum of ORA in Bucharest, but that the new government which will be installed until the conference, November 30, could give a favourable opinion of the proposed change of Romanian Office for Adoptions.

 

To the conference no nongovernmental organization from Romania or from another country that is hostile to reopen international adoptions was invited, the ultimate goal of the meeting in Strasbourg.

"We invited to the conference those organizations that have a closer connection (they coincide with those that oversaw international adoptions in Romania until 2004 and continued lobbying for the reopening them – Sic.) and we can not invite everyone who registered or the press because the conference hall has only 150 seats. The website does not work all the time, because it is under construction, because the conference agenda and guest list is not yet complete.

 

From Romania only three guests will participate from State institutions. One of them, Bogdan Panait, director of ORA. I do not remember the name of the other two. We pay to participate, just travel and accommodation, for participants approved by us, with whom we worked, a total of 10 NGOs. Among them the Nordic Adoption, an umbrella association of 15 adoption agencies, very important in northern Europe and other organizations from France, and SERA, SERA whose leadership has moved to Geneva, International Social Service, and Amici dei Bambini in Italy.

So, from Romania will come only three guests from the State and Edmond McLoughney, UNICEF representative in Romania, who will speak on behalf of Romania, told us the source of the European Commission. Interestingly, the last topic of the conference will be "Towards a European policy on adoption ", where the case and experiences of Romania and Bulgaria will be analysed, and Frenchman Jean-Marie Cavada, Member of the European Parliament and a close associate of French pro-adoption lobby in Romania, will talk about a common adoption policy, because other countries have opened adoptions, only Romania has not done this, though is part of the European Union.

 

We will have a Hungarian adoptive parent who lives in Britain, who will speak about the problems he had when he adopted a child in Hungary. This conference is a sequel, a follow-up to the conference in 2006, when it was tried also to make Romania to understand how necessary it is to reopen international adoptions, as well as other EU countries. We will not solve the problem immediately, but the conference has to convince Romania that international adoption can be resumed, like in other EU countries, such as for example Bulgaria, which has responded positively to this request for international adoptions.

 

The fact that Romania has a law against international adoption is the fault of former European rapporteur for Romania, Baroness Emma Nicholson, who said that international adoption means trafficking in children. She used his influence to halt all adoptions and make the entry of Romania into the EU to stop adoptions. Now we try to convince Romania to re-open adoptions, like other countries in Europe,” our source in Brussels told us.

 

Via : All Children Have Rights - Brian Douglas.

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Les commentaires sur le site du journal roumain sont très violents. jurnalul.ro a fermé le forum : le journaliste et le rédacteur-en-chef ont reçu des menaces de mort.

 

16/01/2009

Affaire TODOROVA c. ITALIE - Requête no 33932/06 - Arrêt Strasbourg 13.01.2009 - Cour européenne des droits de l'homme

Twins adopted: Italy condemned by the European Court


EUROPE-ITALY-ECHR. The European Court of Human Rights yesterday condemned Italy for allowing the adoption of two twins, 27 days after their birth, without listening to his mother, who have not recognized the children wanted a period of reflection before being received by a court. These summarize the facts. On 7 October 2005 Temenuzhla Ivanchova Todorova, Bulgarian citizen resident in Bari, had given birth to twins at the San Paolo di Bari At that time the woman asked not to recognize that the children and was granted anonymity. The same day, the social worker, MP, abandonment informed his superior, in writing. Three days later, the Court of minors Bari urged to proceed urgently to the placement of children at a reception center.

 

On 11 October 2005, the same social worker MP passed on to his superior a report in which it was specified that the mother of the twins had actually asked to have some 'time to reflect before deciding whether or not to recognize his children, and to be heard by the Court of minors. The mother also expressed the wish that children were placed temporarily in a reception or a family on condition that it was allowed to see them, and that pending a final decision.

 

Despite this request, October 18, the prosecutor asked the court to declare the children taken, and December 6, children were actually assigned to a family with a view to their adoption. In his opinion, the judge noted that the mother had not requested a time to recognize the children but only "a little 'time to recover and assess the prospects," the woman said to have had two more children and a family another State, that the father of the twins was an Italian citizen with whom he had lost every report, which had neither the means nor a life sufficiently stable to take care of his children and then was "not conceivable that he had not thought about ' abandonment during pregnancy. " On 21 March 2006, the woman has appealed to the Court of Appeal of Bari, demanding the withdrawal of the decision to adottabilita ', but the court had declared the application inadmissible. The Court noted in particular that Italy has ratified the European Convention relating to adoption, according to which the consent of a parent in the adoption of their child should be accepted only after the expiry of a period that does not'' must be less than six weeks''.

 

The European judges have explained that "it was essential for the applicant able to express themselves before the court and challenge the choice of abandoning her children," and that "the State had an obligation to ensure that the consent given by the applicant abandonment of his children had been clarified and accompanied by adequate safeguards. "

 

The judges in Strasbourg are therefore considered too short a time between the birth of twins and the decision of the Court adottabilità children of Bari (27 days).

 

This fact and the fact that it had not taken account of the wishes of the mother was considered by the Strasbourg Court of violations of the European Convention on Human Rights (Article 8, Respect for private and family life).

 

Ms. Todorova Temenuzhla Ivanchova requested compensation of 400 thousand euros. The Court considered that the claim was overstated, and has condemned the Italian state to pay the mother 15 thousand euros for moral damages and 2150 for legal costs.

 

Source : United Adoptees International - News

- Press release
- Le jugement en français 

 

15:32 Écrit par collectif a & a dans Avis d'expert | Lien permanent | Commentaires (0) | Tags : todorova, bulgarie, italie | |  del.icio.us

08/07/2008

Les voies de l'adoption internationale en Allemagne, Italie et Norvège

TDHAdoptionQuelPrix.jpg1. En Allemagne, interdiction officielle de l’adoption privée et réalité discordante


En Allemagne, l’adoption privée est officiellement interdite. A côté des organismes privés agréés, les candidats adoptants peuvent cependant tout aussi légalement s’adresser aux organismes d’adoption des services de l’aide sociale à l’enfance et à la jeunesse des « Länder » (autorités départementales), ainsi qu’aux organismes d’adoption des services locaux de l’aide sociale à l’enfance et à la jeunesse s’ils sont agréés par le « Land » pour un ou plusieurs pays ou pour un cas particulier. Ces deux derniers types d’organismes sont donc publics. Si les organismes locaux semblent bien agréés pour l’adoption internationale, ils ne sont cependant pas mentionnés sur la liste des OAA communiquée par l’Allemagne à la Conférence de La Haye. Quant aux organismes d’adoption des « Länder », nous n’avons pas trouvé mention de leur agrément, et ils figurent sur la liste communiquée à la Conférence de La Haye non au titre d’OAA mais à celui d’Autorités centrales fédérées.

Quant à leur mode d’action et contrairement aux organismes privés, les organismes publics ne semblent posséder ni partenaires ni moyens d’action dans les pays d’origine. De plus, certains candidats adoptants entament la procédure auprès de ces organismes publics après avoir déjà sélectionné un enfant dans un pays étranger, au mépris donc des principes contenus dans l’article 29 de la CLH. Malgré la prétention officielle allemande d’interdire l’adoption privée, les adoptions opérées à l’intervention d’un organisme public d’adoption semblent en fait comparables aux adoptions considérées comme privées dans les autres pays.

 

Il convient donc de comparer, en Allemagne et en France, les limites des adoptions par l’intermédiaire des organismes publics, lesquelles semblent en fait « maquiller », à l’usage des pays d’origine notamment, le refus des autorités d’interdire, dans les faits, l’adoption privée.

 

Par ailleurs, des candidats adoptants résidant en Allemagne réussissent en pratique à faire entrer dans le pays des enfants adoptés sans aucun recours à un organisme ni privé ni public. Les autorités allemandes reconnaissent qu’elles disposent de peu de moyens de contrôle de ces adoptions considérées comme privées, lesquelles bénéficient souvent ensuite d’une reconnaissance légale. Des appels à un renforcement de la législation se sont donc fait entendre de la part de certaines autorités et organisations.


2. Italie et Norvège: interdiction de l’adoption privée sauf exceptions justifiées et vraiment limitées


L’Italie se distingue ici comme ayant, depuis sa ratification de la CLH, interdit les adoptions privées, y compris avec les pays non parties à la convention. Le recours à un OAA est devenu obligatoire. Cependant, à titre exceptionnel, les candidats adoptants peuvent effectuer leur démarche sans le recours à un OAA mais en passant par une ONG spécialisée dans l’accompagnement des relations familiales transnationales, le Service Social International (SSI). Une convention a été signée entre l’Autorité centrale et le SSI pour le traitement des cas particuliers d’adoption à réaliser dans des pays où n’opère aucun OAA. Cette procédure est accessible aux couples dont l’un des conjoints est originaire du pays demandé ou à des familles italiennes qui y ont vécu longtemps et qui ont un « lien significatif » avec sa culture. En 2004 , les adoptions privées représentaient 1% du total des adoptions internationales.


En Norvège, les deux possibilités d’adoption coexistent. Mais l’adoption privée est très restreinte (environ 1%). Les candidats ne peuvent y avoir recours qu’à certaines conditions similaires à celles posées en Italie pour l’adoption via le SSI.


Source : "Adoption: à quel prix? Etude comparative sur six pays européens."
Rédigé par: Isabelle Lammerant, experte d’adoption internationale en droit comparé, et Marlène Hofstetter responsable du secteur Adoption internationale.
Fondation Terre des hommes – aide à l’enfance, Lausanne, Suisse - 2007.


Sur le même sujet

->  Les voies de l’adoption internationale : Espagne, France et Suisse

->  Les risques éthiques de l’adoption privée

->  L'adoption privée, source importante d’abus