2010-11-02: Pressuring countries on adoption ‘can lead to trafficking’

http://www.independent.ie/national-news/pressuring-countries-on-adoption-can-lead-to-trafficking-2403208.html

By Louise Hogan

Tuesday November 02 2010

Putting pressure on countries to sign up to adoption agreements could potentially lead to child trafficking, a childcare expert warned yesterday.

Geoffrey Shannon, the chairman of the new Adoption Authority of Ireland, yesterday stressed that it was “hugely important” to avoid any links between humanitarian aid agreements and payments in the adoption of children from other regions. Continue reading »

2010-10-10: Change to laws governing foreign adoptions

http://www.rte.ie/news/2010/1010/thisweek_av.html?2834245,null,209

Geoffrey Shannon, Adoption Board, says that the Hague Convention, which Ireland is now recognizing, will vastly improve adoptions from overseas

2010-10-09: Foreign adoptions face restrictions (IAA meeting coverage RTE1)

http://www.rte.ie/news/2010/1009/adoption.html
http://www.rte.ie/news/2010/1009/adoption_av.html

New legislation governing international adoptions by Irish people, which comes into force next month, will limit the number of countries from which prospective parents can adopt children.The Hague Convention comes into force here on 1 November and from that date Irish people will only be allowed to adopt children from countries with bilateral agreements with Ireland or which have also signed up to the Convention.

The Hague Convention is an international best practice piece of legislation designed to standardise international adoptions and reduce the risks that are associated with private or independent agreements.

However, it means Irish people will no longer be able to adopt children from several countries including Russia, Ethiopia, Vietnam, South Africa. Continue reading »

2010-09-20: Bulgaria institutions for mentally disabled children under par

http://www.bghelsinki.org/index.php?module=news&lg=en&id=3626

Past reports by BBC: http://www.bbc.co.uk/bbcfour/documentaries/features/bulgarias-children.shtml

BHC announces the results of the inspections carried out in the country’s institutions for mentally disabled children

Hundreds of child deaths, avoidable but never investigated, a large proportion of which caused by malnutrition.


The current state of the social institutions for children reveals malnutrition, violence, physical and chemical restraint.

Sofia, 20 September 2010

A large number of child deaths – never investigated and avoidable. This summarizes the findings made by the Bulgarian Helsinki Committee (BHC) after the conclusion of inspections which covered all the social homes for children with mental disabilities in Bulgaria. The results were announced today at a press conference in Sofia.

The inspections of the homes for children were carried out in collaboration with the Prosecution Service. Presently, the Prosecution Service is expected to commence formal investigations on the basis of the material evidence gathered.

There is evidence of two hundred and thirty eight deathswhich have occurred between 2000 and 2010, or average of 25 deaths per annum.

At least two thirds of these deaths have been unnecessary and avoidable:
- 31 caused by starvation (systematic malnourishment);
- 84 caused by general physical deterioration, resulting from neglect;
- 13 caused by infections, i.e. bad hygiene;
- 6 caused by accidents such as freezing to death, drowning, suffocation, etc.;
- 36 caused by pneumonia, i.e. by exposure to cold or long-term immobility;
- 2 caused by violence;
- 15 deaths have unexplained causes.

“This investigation is unprecedented in terms of its range and results. The facts that we discovered confirmed more categorically than ever that the claims that these children’s deaths were caused by their disabilities were absolute lies. The children were dying from neglect,” said Yana Buhrer Tavanier, the Campaigns Director of BHC.

149 of all the deaths have occurred in the children’s homes, and not in hospitals, which means that the children were not hospitalized in spite of their grave health conditions, and that they were left there to die, or were released from hospital just before they died. 11 of the children were hospitalized too late.

The deaths tended to occur during the cold months of the year.

An autopsy was not performed in more than 90 of the deaths. The death cases were never investigated as a rule – the deaths remain unpunished and the children unprotected.

The homes for children with mental disabilities in Bulgaria continue to maintain a practice of malnourishment, violence, physical restraint by tying up and treatment with dangerous drugs, was revealed by the inspections.

“At the time of the inspections, 103 residents were suffering from malnutrition and therefore they are exposed to the risk of dying of hunger, including of diseases that will kill them because of their weakened and underfed condition,” said Margarita Ilieva, Attorney-at-Law, Deputy Chairperson of the Bulgarian Helsinki Committee and Director of its Legal Defence Programme. “This is a case of an institutionalized – much more than organized – crime, and it is directed against the most vulnerable group of people in this country,” she added.

During the inspections, a total of 622 cases of grave inflammatory diseases and contagion were established. Some of the children’s homes, such as Medven, Gomotartsy, and Sladak Kladenets, have very bad levels of hygiene, and a history of multiple and repetitive epidemic outbursts. Most typical are the fecal-oral infections, dysentery, and hepatitis, and they cost the children their lives. The public health control authorities (the Regional Inspections for Protection and Control of Public Health) are ineffective in dealing with the problem – they fail to penalize any violations of the law, as well as of formal recommendations.

7 cases of sexual abuse were found to have occurred in the period in question; in addition, there have been at least 8 cases of physical violence, including a head injury with lethal outcome, and a case of strangulation. The Child Protection Department was contacted in all of these cases, and the State Agency for Child Protection was informed of at least half of them. BHC does not possess any evidence of the actual involvement of any of the two agencies in any of the above cases. None of the children who suffered violence have received any help or justice.

Existing documentation reveals more than 86 serious accidents. 58 of the residents are prone to self-harming.

More than 8 homes maintain a practice of unlawful physical immobilization of children as means to control their behaviour – tying up by the limbs or fastening to beds, wheelchairs and other objects, and the use of restraining jackets. There have been at least 17 cases of physical immobilization. More than 90 children have been “chemically restrained” by heavy and damaging neuroleptic drugs. Any physical immobilization is a form of violence that is destructive to the mental health, and any chemical method of restraint is detrimental to the body.

Dangerous drugs, often harmful and unnecessary, have been administered to 167 residents. Some of the children have been subjected to long-term excessive drug treatments.

BHC states that, apart from the staff in the children’s homes and the medical personnel involved, responsibility must be also sought from the mayors, as officials formally in charge of these institutions, from the Minister of Labour and Social Policy (the Child Protection Departments and the local Social Assistance Directorates), from the Regional Inspections for Protection and Control of Public Health and from the State Agency for Child Protection.

The performed inspections of homes revealed that the five worst institutions are Mogilino (now closed), Medven, Kroushary, Petrovo (Blagoevgrad region), and Rudnik. The full reports on the inspected homes may be seen at:http://forsakenchildren.bghelsinki.org/. That is also the website designated by the BHC for its public campaign to bring to justice the persons and institutions guilty of the crimes committed in the Bulgarian homes for children with mental disabilities.

Background information: Inspections of homes

In August 2009 BHC started a lawsuit against the Prosecution Service for its failure to investigate the crimes committed in the homes for children against their residents, and in particular, to prosecute the large number of deaths – 75 in 8 years. In February 2010 an agreement was reached with the Office of the Chief Prosecutor for collaboration between the Prosecution and BHC in inspecting all children’s homes in the country. The inspections were carried out between March and June 2010. Until August 2010, the finding of the inspections were analyzed by BHC and compiled into a series of reports (totaling 263 pages and 1730 footnotes, which included evidence supporting the established facts) that were presented to the Chief Prosecutor’s Office. It remains to be seen what the Prosecution Service’s response will be.

The Bulgarian Helsinki Committee is an independent non-governmental organisation for the protection of human rights that was founded in 1992. The objectives of the committee are to promote respect for human rights in Bulgaria in the following target areas: the rights of women, of persons with mental disabilities, of ethnic and religious minorities, of children, protection from torture and ill-treatment, the rights of refugees and migrants, freedom of speech and free access to information, the rights of persons in penitentiary institutions, and issues of the criminal justice system.

For more information on the inspections of homes and the campaign: http://forsakenchildren.bghelsinki.org/

For more information about BHC: http://www.bghelsinki.org/

For more information, please contact:
Margarita Ilieva, Attorney-at-Law: margarita.ilieva@gmail.com; 0884 088 337

Country information – what is what?

As we have seen, with Hague coming, things have changed, and relationships with “sending” countries are changing too.
Understanding Hague… a story of Doors and Windows

To add a bit of clarity, we have collated the various sources of information into one table, which we hope reflects the reality of the situation.
This is not a legal insurance… it is only our understanding to help you direct your searches!

Countries that are supposed to have agreements with Ireland soon:
(May take 6 months)

  • South-Africa
    (Pink friendly)
  • Bulgaria
    (Pink not too unfriendly: single lesbians will be OK, single gay men may or may not, sole applicants in a same-gender couple may or may not) 
  • Thailand
    (Only married couples)

Countries that may open talks next:
(May take longer)

  • Brazil
    (Pink friendly)
  • Kazakhstan
    (Unknown)
  • South Korea
    (Unknown)

Continue reading »

Understanding Hague… a story of Doors and Windows

You have heard that everything will change with Ireland finally ratifying the Hague Agreement. How so?

Based on the idea that intercountry adoption can be achieved in two ways: through the Door or through the Window, let’s try to explain what happens.

The situation before

Doors (ajar)

Before, and up to the 1st November, there were very little doors, and they were barely ajar.

The Adoption board had bilateral agreements with 4 countries (Vietnam, China, Philippines, Thailand), and the Doors could just be shut closed by a simple draft, or by a storm. For instance Vietnam “closed” because of a financial scandal.

Windows

For other countries (Romania, Ethiopia, Russia, South-Africa), applicants had to go through the Window. They would go there, arrange an adoption and come back.
Then they would need to prove that they had not burgled the house through the Window: they had to prove to the Irish courts that the adoption was compliant with the Irish legislation.

The situation now

Continue reading »

2010-09-13: Irish Pink Adoptions on RTE1 Radio, 9am

Our spokes person, Noel, on the John Murray Show (7′ 15”), talking about the significance of this announcement for pink adopters.
http://www.rte.ie/radio1/thejohnmurrayshow/2010-09-14.html

Because of the recent announcement about adoption being soon open for South-Africa, Bulgaria, and Thailand, LGBT adopters can celebrate, as South-Africa is themost likely country of origin for us, and it allows LGBT applicants.

As a matter of fact, South-Africa has same-gender marriage and adoption since 2002-2003.

2010-09-14: Sarkozy receives slap on wrist from EU commission over his targetting of Romas, and duplicity

http://www.rte.ie/news/2010/0914/roma.html

The European Union is considering taking disciplinary action against France over its treatment and expulsion of Roma migrants.

EU Justice Commissioner Viviane Reding described the actions of the French government as a ‘disgrace’.

She added France had been duplicitous in how it had dealt with the European authorities over the issue.

Ms Reding said she believed proceedings should be brought against France in the coming weeks.

‘I am personally convinced that the commission will have no choice but to initiate infringement proceedings against France,’ Ms Reding said.

She rebuked the French government over a leaked memo which ‘openly contradicted’ assurances given by two ministers to the Commission that specific ethnic groups had not been targeted in France. Continue reading »

2010-09-13: More foreign adoptions likely with new country agreements (Bulgaria, South Africa and Thailand)

Radio interview on Morning Ireland, RTE Radio 1 with Brian O’Callaghan, the chair of the IAA:

Brian O’Callaghan, International Adoption Association, says that negotiations have begun between Ireland and Bulgaria, South Africa and Thailand for adoptions.

2010-09-13: Irish couples may adopt from three new countries (Bulgaria, South Africa and Thailand)

IRISH COUPLES will be able to adopt children from Bulgaria, South Africa and Thailand through administrative agreements being discussed by the Adoption Board under the new Adoption Act, The Irish Times has learned.

These are the first agreements being sought under the new Act.

This follows a year in which adoptions from Vietnam, the country supplying the largest number of children for adoption into Ireland, were suspended in the light of a critical report on Vietnam’s adoption procedures from Unicef’s international social service. Continue reading »