Abstract

http://ssrn.com/abstract=2316383
 


 



Inter-Country Adoption and the Special Rights Fallacy


James G. Dwyer


William & Mary Law School

December 3, 2013

University of Pennsylvania Journal of International Law, Vol. 35, No. 1, 2013
William & Mary Law School Research Paper No. 09-254

Abstract:     
Debate over restrictions on international adoption have focused myopically on the U.N. Children's Rights Convention and the Hague Convention, even though there are human rights conventions applicable to all persons, including children, that trump those child-specific conventions and that set forth rights pertinent to international adoption. This article explains why it is a mistake to assume that a special convention for children like the CRC makes them better off than they would be in its absence. It further explains why proponents of freer inter-country adoption should distance themselves from the CRC and Hague Convention and instead build a political and legal strategy founded on the universal right to leave one's country and to change one's nationality. Based on various sources for interpreting that right in the International Convention on Civil and Political Rights, the Article critiques the justifications that UNICEF, sending countries, and others have offered for restricting inter-country adoption.

Number of Pages in PDF File: 81

Keywords: international adoption, subsidiarity principle, children's rights, right to emigrate, Hague Convention

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Date posted: August 27, 2013 ; Last revised: December 4, 2013

Suggested Citation

Dwyer, James G., Inter-Country Adoption and the Special Rights Fallacy (December 3, 2013). University of Pennsylvania Journal of International Law, Vol. 35, No. 1, 2013; William & Mary Law School Research Paper No. 09-254. Available at SSRN: http://ssrn.com/abstract=2316383

Contact Information

James Gerard Dwyer (Contact Author)
William & Mary Law School ( email )
South Henry Street
P.O. Box 8795
Williamsburg, VA 23187-8795
United States
HOME PAGE: http://law2.wm.edu/faculty/bios/fulltime/dwyer-648.php
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