Showing posts with label Europe. Show all posts
Showing posts with label Europe. Show all posts

Tuesday, November 13, 2007

Council of Europe Urges Respect for Rights of Children and Refutes the "Right to a Child"

Last week the Council of Europe published the following press release:
PACE Social Affairs Committee Urges Respect for Children’s International Adoption Rights and Refutes the ‘Right to a Child’

Strasbourg, 8.11.2007 - “The point of international adoption is to enable a child to find parents, with respect for his or her rights, not to satisfy the parent’s wish to have a child at all costs: there is no such thing as the right to a child!” This was the conclusion reached today by Ruth-Gaby Vermot-Mangold (Switzerland, SOC), speaking on behalf of the Parliamentary Assembly (PACE) Social, Health and Family Affairs Committee, at a meeting of the committee in Paris.

In her report, which is based on fact-finding visits to Ukraine and Moldova, Mrs Vermot-Mangold firmly condemns the increasing use of alternative circuits that can encourage the disappearance of newborn babies for illegal adoption in Europe. She denounces the fully-fledged traffic in babies in Moldova, where 61 cases came before the criminal courts in 2006. In Ukraine the Rapporteur had noted cases of children disappearing at birth, with hospital administrators telling their mothers that they were stillborn, whereas in fact they are presumed to have been sold for adoption.

These practices of stealing and selling children, particularly newborn babies, have been facilitated by the lack of strict civil status regulations in some countries. The Committee said today when adopting Mrs Vermot-Mangold’s report on the disappearance of new-born babies for illegal adoption in Europe.

This is why the committee is calling for, at national level, the introduction of clear laws governing family rights and, at international level, a review of the Convention on Intercountry Adoption, bearing in mind the interests and rights of the child, in order to establish mechanisms for the strict control of adoption rules. “In the absence of national solutions, this will ensure a better life for quite a few children, and avoid situations such as recently occurred in Chad,” said Mrs Vermot-Mangold.

The report is due to be discussed by PACE at its winter session (21-25 January 2008).
Desiree

Council of Europe Press Release 761 (2007): PACE Social Affairs Committee urges respect for children’s international adoption rights and refutes the ‘right to a child’,Council of Europe Press Division, 8 November 2007

Sunday, August 19, 2007

Europe: French Courts Prosecute and Sentence Child Traffickers and Child Purchasers

For the four years from 2001 to 2005, in a scheme similar to one that I wrote about in Bulgarian Mothers Tricked Into Selling Babies, pregnant Bulgarian women were recruited under false pretense, taken abroad, and then ultimately made to give up their babies for adoption.

Once again, the women (many of whom, in this case, were believed to be prostitutes) were promised money and then taken out of Bulgaria in order to give birth. In this case, however, the country of destination--the country where their children would be sold and illegally "adopted"--was France instead of Greece.

In these cases, unlike those involving Greece, it does appear that the women, prior to being taken abroad, had been told that they would be giving up their babies for adoption.

In order to avoid paperwork snafus, when giving birth in France the Bulgarian mothers routinely did so under the alias of the adoptive mothers. (Incidentally adoptive mothers are routinely called "buyers" throughout the European press reports). In this way adoptive parents were listed birth parents. No adoption proceedings or adoption papers were necessary.

Promised large amounts of money for their babies, the women instead received "only a fraction of the money promised them." According to press reports, individual babies sold for sums between 5000 and 7500 euros ($6700 US to $10,000 US). Bulgarian mothers were given a couple of hundred of these euros while the traffickers took the rest.

Additionally, adding yet another twist to the human trafficking and exploitation tale, after giving birth, many of the Bulgarian women were allegedly forced (by the trafficking network) to work in France as prostitutes or beggars.

France has aggressively investigated and prosecuted this case, presumably as a deterrent to those who would replicate the practices of this child trafficking ring or seek to buy children from involved in such schemes

Most of the purchasers of the babies were infertile couples. Many were Roma or gypsies who under French law, because of their nomadic life style, are not allowed to adopt through normal French adoption channels.

A defense lawyer, David-Olivier Kaminski, said the couples had been forced into a corner because France did not allow couples with roaming lifestyles to adopt children.

"These are French citizens, Gypsies, desperate to have children, who had no hope of meeting these strict adoption criteria," he said.

--from a Feb 2007 article in the BBC "Baby-smugglers jailed in France"
In Bobigny, a suburb of Paris, in late January 2007, France began prosecuting the cases; in February 2007, convictions and sentences were handed down.

The French authorities sought 11 members of the child trafficking ring. Three were not apprehended because they had fled, but were nevertheless tried "in absentia." All were convicted of "trading in human beings" and sentenced to prison terms ranging from two to six years. Five "ringleaders" received sentences of five or six years in prison. The remaining six "organizers" received sentences of two to five years.

Forty-one adoptive parents were also tried, convicted, and sentenced for their part in the scheme--for illegally "purchasing" the babies. Thirty-four adoptive parents received jail sentences ranging from six months to one year which were then suspended. Four adoptive parents received non-suspended jail terms of up to one year. One parent received a fine. Only two parents escaped sentencing altogether. Forty of the parents on trial were reportedly Roma (gypsy).

According to at least one press report, Bulgarian birthmothers were also prosecuted in the cases. However, press reports detailing convictions and sentences do not mention them. Without additional press reports in English, it is impossible to know whether any of them were convicted and whether they too received punishment for their part in these cases.

Babies originally taken into governmental protective custody when the case was uncovered, have been returned to their adoptive parents who will be allowed to keep them. Many have been allowed to begin legal proceedings to adopt the children.

Press reports include the following description of how one baby was sold and her existence reported to the legal authorities:

An 83-year-old man described buying a baby girl named Cinderella for his granddaughter in testimony on Wednesday in an infant trafficking trial in France.

The grandfather — referred to only by his first name, Jean — said he bought the baby in October, 2002, from a foreign Roma couple that passed by his house with the infant in their arms. He said he paid them €4,500 (US$5,850) for the baby girl, called Cendrillon, French for Cinderella.

Jean, a French Roma, said he bought the infant for his granddaughter — who could not have children because she and her husband are related. The couple registered the baby as their own, saying she had been born in their caravan.

--from a Jan 24, 2007 article in the International Herald Tribune, "83-year-old man tells of buying infant in France baby trafficking trial"
One wonders just how much of a deterrent such prosecutions will be when adoptive parents are ultimately allowed to keep the children they purchased....

In the future the cost and difficulty of court prosecution may well simply be factored into the cost of purchasing and procuring a child.

Perhaps France (as well as the rest of us) will have also learned a lesson about the lengths to which couples will go to procure a child.

Perhaps France will also consider dispensing with prejudices and opening up legal adoption to Roma citizens.

For myself, I am left wondering about whether the infertile and others have the "right" to adopt, the "right" to a child. Afterall, this is the lawyer's defense argument as quoted in the newspapers. It is the justification for the adoptive parents' willingness to illegally purchase children and lie about their true origins.

Where there is such intense demand for human babies can human trafficking for adoption really be stopped? Where such intense demand exists, is adoption really, as the rhetoric goes, for the children?

How do the rights of the child as set forth in the International Treaty on the Rights of the Child interplay with any of this?

Desiree

Child Trafficking Trial Involving Bulgarian Network Starts in France, January 22, 2007

French baby-smuggling case begins, BBC News, January 22, 2007

83-year-old man tells of buying infant in France baby trafficking trial, International Herald Tribune, January 24, 2007

Dozens go on trial in Paris for baby trafficking, International Herald Tribune, January 22, 2007

Alleged baby traffickers on trial in France, January 22, 2007

Baby-smugglers jailed in France, BBC News, 2 Feb 2007

Adoptive Parents in France Defend System of Buying Babies, International Herald Tribune, July 27, 2007

Friday, July 27, 2007

Europe: BBC Exposes Trade in Bulgarian Children

Posing as a man who wanted to adopt a child for himself and his childless wife but who had been prevented from legally doing so because of a criminal record, a BBC reporter went underground in hopes of exposing the illegal trade in Bulgarian children.

Through contacts he found a man named Harry who, for the price of 50,000 to 60,000 euros ($69,000 to $82,000 US dollars), purported to be able to supply him with a child.

He was part of a criminal gang working out of the coastal resort of Varna - a popular destination for foreign holiday-makers.
Harry knew his business. The man boasted of trafficking both women and children across Europe and of a previous conviction in Germany for human trafficking. As the two drove away their initial meeting place of a petrol (gas) station, switching cars along the way to avoid being trailed, Harry proudly pointed out prostitutes that he had "put to work."

Then, chillingly, he said that children were now part of his portfolio. During a secret recording, he said he had successfully smuggled them into two countries - Norway and Germany.
Harry offered false Bulgarian adoption papers and detailed advice on how to smuggle the child across Europe and into the UK. Or, if preferred, for a price, he could provide passage of the child into the UK himself.

Harry offered the undercover BBC reporter his choice of children, showing photos of two possible children. The first was a "beautiful, little girl with dark hair, olive skin, and blue eyes" who was from a poor Turkish family. The second, a pale, blond haired girl.

Another day a few weeks later, Harry arranged for the prospective buyer to meet, in various ever-changing places, a few possible children: a toddler whose mother couldn't afford to keep her, a grandfather who was selling his grandchild without the knowledge of the child's mother, and a child being sold by her father because he already had seven children.

The BBC team turned the evidence they had gathered over to the authorities and Harry was arrested soon after.

The reasons that children are being offered for sale in Bulgaria are apparently several:

1) crushing poverty (makes it hard to support child and makes families desperate for money)
2) rampant, hard-to-control organized crime
3) social welfare organizations that are too new to be effective
4) children's rights laws that are also relatively new and therefore also not effective
5) the tradition within Bulgarian culture which says that the state should not interfere in family matters

Children are being offered for illegal adoption without any check on the motivations and purposes of the adopting persons. This leaves the children trafficked vulnerable not only for adoption by persons who might not otherwise be able to adopt, but for sexual exploitation and slavery.

Children might even become vulnerable for something that Harry himself mentions when meeting with the undercover BBC reporter--exploitation for body parts. (This is supposed to be an urban myth--the body parts thing--but it is interesting that the accused criminal trafficker himself mentions it. I pray that Harry is simply as ill-informed as the rest of us... and that he isn't speaking from his own knowledge as a human trafficker...)

That children have become valuable commodities in a world market keen for them is simply reality. That organized crime and ordinary criminals often exploit the market hunger for children by prying out of financially or otherwise extremely stressed and distressed families, their most vulnerable and exploitable members is also reality.

Anyone who continues to refuse to believe that the above could be true is simply either hopelessly naive or else has a personal stake in believing that it is not so.

Watch the film: BBC Films Baby Smuggler

Read the article:How BBC exposed Bulgarian baby trade, BBC News online, July 26, 2007

Bulgarian Man Caught Trafficking in Babies, SofiaEcho.com, July 27, 2007

BBC exposes Bulgarian baby trade, Focus News Agency, July 27, 2007

BBC Reveals Baby Trafficking Channel in Varna, July 27, 2007

Desiree

Thursday, July 26, 2007

Europe: French Authorities Issue Advisory About Trade in Young Children

In June 2007, French authorities issued a warning stating that they are "investigating a trade in young children."

According to an article in the Telegraph online, this warning is based on four incidents that recently took place in Southern France, Monaco, and Portugal:


1) In June 2007, shoppers at a Monaco hypermarket (a large store like Walmart) scuttled and then reported to the police, the attempted kidnapping of a four year old girl.

The would-be kidnapper hastily attempted to cut off the young girl's hair. She cried and fled, creating a scene that caused shoppers to come to her rescue.

Once shoppers had prevented the kidnapping, the would-be kidnapper fled in "a car with foreign tags."


2) The arrest in May 2007, of two Romanian couples for the attempted sale of a two month old infant...in the parking lot of a hypermarket near Angouleme, north of Bordeaux.

The child was reportedly being offered to passersby "for anything between 10,000 to 15,000 euros."

"How much do you offer?" a male member of the gang is said to have shouted at shoppers as he held the crying baby aloft...
Once again, shoppers scuttled the criminal activity when they alerted authorities. Guards successfully detained the accused--who attempted to fight their way free with weapons that included a baseball bat--until police arrived.


3) The May 2007, arrest of a woman and eight accomplices for trying to sell (what was presumed to be) the woman's four-month-old infant in the parking lot of a supermarket in Portugal.


4) The internationally high-profile abduction of Madeleine McCann from her family's vacation apartment in Praia da Luz, Portugal in May 2007.

The Portuguese media reported that the PJ [Portuguese police] are pursuing two lines of investigation [for Madeleine's abduction]: an abduction by an international paedophilia network or an abduction by an illegal adoption network.

--from the Wikipedia article, The Disappearance of Madeleine McCann

Babies for Sale at Car Park "Gang Auctions," Telegraph.co.uk, June 23, 2007

Desiree