Article 15 of the Institute of International Law Resolution on Human Rights and Private International Law: Adoption
Are you already subscribed?
Login to check whether this content is already included on your personal or institutional subscription.
The paper addresses the reference of Art. 15 to the principles embodied in 1993 Hague Convention on Intercountry adoptions. Even if Art. 15 does not include the cross-border recognition of domestic adoptions, is argued that general proviso of art. 2 of the Resolution on the general duty of States, their bodies and other entities to respect and ensure human rights in cross-border relations between private individuals also applies on such recognition. Moreover some principles of the UN Convention on the rights of the child are deemed useful in this respect. Finally are examined european judgments on respect of human rights in case of refusal of adoption in presence of muslim Kafalah.
- intercountry adoptions
- cross-border recognition of domestic adoptions
- best interests of the child
- 1993 Hague Convention on protection of children and cooperation in respect of intercountry adoptions
- UN Convention on the rights of the child