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Human Rights

Why We Should Care About Adoption Rehoming

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“A sick thing”. “Human trafficking in children”. “A gaping loophole with life threatening outcomes”. These are just few of the ways experts, legislators and judges have named unregulated private transfers of child custody, a practice referred to as re-homing.

adoption-broken-promisesPrivate re-homing occurs when adoptive parents transfer the custody of a child bypassing official channels. In such cases, parental authority is transferred with a simple Power of Attorney to non-family members.

Very often these people are perfect strangers whose parenting abilities have not been screened by child welfare authorities or, worse, have been judged so poor that their biological children have been taken away by child protection services.

According to an investigation published by Reuters in 2013, hundreds of children are victims of re-homing in the USA every year. 70 percent of them are children adopted from abroad.

“Rehoming can be an appropriate change of placement for a child if it is done with court approval and with home study that look at the needs of the child and the child’s best interests,” said Stephen Pennypacker, a senior child welfare expert and current President of the Partnership for Strong Families, in an interview.

However, the problem with private rehoming is that it is not done with that oversight and the necessary background screening on the prospective placement. “This can lead to some pretty horrific consequences for children that are moved under those circumstances,” Pennypacker said.

One such case happened in Arkansas in 2014, when a six-year-old girl was sexually abused by a man who had obtained her custody via a private re-homing procedure. The case received intense scrutiny only last February as the media reported that the adoptive father who gave the little girl away was a state legislator, Justin Harris.

Arkansas has since then passed two laws to prevent this practice, becoming the fifth state to have regulated it. A few other states are slowly discussing bills to this effect, while no federal law regulates it.

In a court decision in the State of New York last December, Judge Edward W. McCarty III defined the practice “unmistakably trafficking in children” and called on the Legislature to amend domestic law to prohibit this “unsavory and unsupervised practice”.

This judgment came to no surprise to Mary-Ellen Turpel-Lafond, British Columbia Representative for Children and Youth. “Rehoming sounds like a positive experience that is looking at the best interests of the child, but actually it simply transfers a child to another person without any required review by child welfare, or family judges or other officials. So it could be easily a cover for trafficking in children.”

Other child experts echo the concerns about the risks that unregulated re-homing poses to a child’s wellbeing, although they do not consider re-homing as trafficking because parents do not move children to exploit them, but to get rid of them. “All under the table dealing on children’s matters entails risks of exploitation” said Michael Moran, INTERPOL Assistant Director, Human Trafficking and Child Exploitation, in a phone interview. “Unregulated re-homing creates opportunities for sex offenders. If loopholes exist, sex offenders will use them.”

Reasons that pushes parents to resort to private re-homing vary from case to case. The most common explanation given by parents engaging in such a practice is that they feel overwhelmed by the behavioral problems of their adopted children. They also claim that the support they receive from child welfare authorities to deal with difficult adoption cases is inadequate. In another cases, parents may fear to be charged with child abandonment if they seek to transfer the custody to the state. Financial considerations may also play a role because certain states accept to take a child under their custody only on the condition that parents pay for the child’s care until a new adoption takes place.

Some state and federal authorities have acknowledged these problems and are trying to address them. State legislation has been adopted in Arkansas to strengthen post-adoption services and allow parents to give children back to state’s care if they have exhausted the available resources – although no definition of what these resources are is provided. At the federal level, the US President 2016 budget contains a proposal that would guarantee federal funding for prevention and post-placement services.

Whether such initiatives will suffice to prevent rehoming is an open question, though, in particular as the practice remains largely lawless in the USA. So far, only five state – Arkansas, Colorado, Florida, Louisiana and Wisconsin – have adopted legislation to prevent re-homing. Five other states – Maine, Maryland, Nebraska, New York and North Carolina – are discussing bills to this effect.

“This kind of regulatory void is enormously concerning,” said Jacqueline Bhabha, professor of the practice of health and human rights at Harvard School of Public Health. “Clearly, we need much tighter regulation and more supervising and support to families.”

Stefano Montanari is an Italian freelance journalist specialised in human rights. Graduated in Humanities, with a focus on History and International Relations, he obtained an M.A. in International Co-operation and Project Design, after which he has been working for international organisations promoting human development and human rights. He currently works as head of communications for the Council of Europe Commissioner for Human Rights. The views expressed here are his own and do not necessarily reflect the official policy of the Council of Europe.

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Scottish Survivor Groups Encourage All Survivors of Abuse in Care to Take Part in a Milestone Consultation

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Survivor groups in Scotland have called on all survivors of abuse in care to take part in an important consultation, allowing individuals to share their views on a possible financial redress scheme for the first time.

The consultation has been developed and delivered through a collaboration between a range of partners including survivor representatives (Interaction Action Plan Review Group) and CELCIS (the Centre for Excellence for Looked After Children in Scotland).

With just four weeks left to the deadline of Friday 17 November to complete the consultation, survivor groups have spoken out about the need for all survivors of abuse in care to take part.

David Whelan, spokesperson from Former Boys and Girls Abused in Quarriers group (FBGA), commented: “This redress and compensation consultation gives everyone who has experienced abuse in the care system in Scotland an opportunity to share their views. The consultation offers real choices to the individual and survivor groups as to what it is they would like in any proposed redress-consultation scheme. It allows all survivors a chance to have their voices and opinions heard.  We would encourage as many survivors as possible to take part over the next month.

“Former Boys and Girls Abused in Quarriers group fully support this consultation which was put together in a partnership with other victims-survivors, the Scottish Human Rights Commission, CELCIS, The Scottish Government and others.”

Judith Robertson, Chair of the Scottish Human Rights Commission, said: “Anyone who has been subjected to abuse has a human right to access justice and to an effective and fair remedy. Everyone has the right to live and be treated with dignity.  The Scottish Human Rights Commission welcomes the consultation by the InterAction Review Group and CELCIS on financial redress for historic abuse.  It is a crucial part of developing Scotland’s Action Plan on Historic Abuse and we encourage anyone who is themselves a survivor of childhood abuse to take part.”

Joanne McMeeking, Head of Improving Care Experiences at CELCIS, said: “We are in the final month of the consultation process, which is a milestone in terms of seeking justice for survivors of abuse in care in Scotland. Completing this consultation questionnaire gives survivors a way to have their views about potential financial redress seen and heard.”

Taking part

The consultation is open to all victims/survivors of historical abuse in care as defined by the Terms of Reference of the Scottish Child Abuse Inquiry and is available online.

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Human Rights

Rescuing Sex Trafficking Victims

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Lois Lee, Ph.D., J.D. – Founder of Children of the Night Photo Credit: CalState

Forty years ago, it wasn’t unusual to find Lois Lee, Ph.D., J.D. wandering the streets and alleys of Los Angeles at 3 a.m.; she even did so while pregnant with her son.

Dr. Lee was looking for victims of sex trafficking and those who exploited them.

Walking miles along Sunset, Santa Monica and Hollywood Boulevards, the then-24-year-old would hand out business cards with her hotline number, encouraging victims to call and letting them know what kind of help they’d find.

“These are girls, boys and transgender children that would fall between the cracks of the system,” remembers Lee. “They had nowhere to go — no one was providing a bed or a school or offering to take care of these kids.”

So, she created that place.

From 1979 to 1981, Lee housed more than 250 sex trafficking victims in her own home, all while building the Children of the Night outreach program; the privately funded nonprofit organization would become unlike any other in existence at the time, or even today, rescuing children from child prostitution and providing housing, education and treatment.

But perhaps most important, Lee gave them hope.

An Unimaginable Life

Lee was raised in Los Angeles, the eldest child in a family of three girls. It was a childhood she describes as healthy, safe and sheltered.

So when, as a graduate student at California State University, Dominguez Hills, her faculty mentor Jeanne Curran, PhD., then a professor of sociology, introduced her to the underworld of sex trafficking, it was a wake-up call.

“I wanted to make everything better because I just couldn’t imagine someone living in these types of conditions,” explains Lee, who graduated from CSU Dominguez Hills with a bachelor’s degree in behavioral science in 1973 and a master’s in sociology in 1977.

It was at CSUDH that she developed the skills she’d later use to address child sex trafficking. Lee also taught courses at the campus’s Social Systems Research Center, then led by Dr. Curran. The center has since been renamed the Urban Community Research Center.

“Jeanne became a mentor for me, both on- and off-campus. She influenced my life and academic choices so much,” says Lee, a first-generation college student.

“She and CSU Dominguez Hills empowered me.”

Victims, Not Criminals

Late one night in 1977, Lee received a call from a woman who operated an escort service. A 17-year-old she worked with had not returned and she was unable to contact her.

Afraid, she had called Lee for guidance. Lee went to the police, who dismissed the call and refused to help. The next morning, the girl’s body was found; she had become one of the Hillside Stranglers’victims.

Frustrated by the lack of resources that were available to these girls, Lee appeared on an L.A. news broadcast, giving out her personal phone number and encouraging prostitutes with knowledge of the case to reach out to her directly. She promised confidentiality.

“I coordinated everything just as I had learned from Jeanne at CSU Dominguez Hills,” Lee recalls. “And that was really the beginning of my work.”

Lee would go on to play a critical role in the Hillside Strangler trial, testifying in the case and coordinating witnesses for the prosecution.

At just 27, Lee garnered attention when she sued the Los Angeles Police Department for prosecuting underage prostitutes while letting their customers go free.

She won the case and has gone on to file a number of other lawsuits.

“I taught vice detectives nationwide that there were children prostituting and they needed to be treated differently,” says the President’s Volunteer Action Award recipient. She strongly advocated – and still does – to have the children referred to and treated as victims, not criminals.

Education: The Key to Success

To date, Children of the Night’s president and founder is credited with rescuing more than 10,000 children from prostitution in the U.S.

The organization’s shelter, located in Van Nuys, California, offers no-cost housing for as many as 12 children ages 11 to 17. They attend classes at the on-site school, receive individualized treatment, and participate in fun outings. A nationwide toll-free hotline is also staffed 24/7.

Lee sees education as the most fundamental of the services they offer, and attendance is mandatory for all residents.

“What’s really important about the development of any society is to educate the people,” she explains. “Through education, I was able to learn about the world. Education empowers.”

While children are offered treatment to manage trauma, their past experiences are not the focus, Lee stresses. “I don’t feel sorry for the children with whom I work,” she says. “[That] incapacitates their ability to become strong and independent. I want the world for my kids. I have very high expectations of them.”

Which is not to say she isn’t deeply empathetic to what they’ve faced.

“There is no way that I can make what happened to them go away, but I can … put distance between their old lifestyle and their life now.”

Still Fighting

Today, Lee is regarded as one of the world’s leading experts in rescuing child sex trafficking victims, raising awareness on a topic that previously wasn’t talked about. In 1981, the General Accounting Office estimated there were 600,000 children under the age of 16 working as prostitutes in the United States. Today, that number is estimated to be 100,000.

In January 2017, Children of the Night announced a new global initiative to rescue 10,000 more children worldwide from sex trafficking.

Lee is also passionate about giving back to the campus that helped turn her dream into an advocacy mission that has no doubt saved thousands of lives.

“So much of what I have done and have been able to do in my life is because of my time at CSU Dominguez Hills,” Lee says. “The faculty raised me and nourished me. They liked to take risks and they challenged traditional thinking processes. “Dominguez Hills taught me how to break down barriers.”

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Human Rights

A Practical Guide on How to Confront Hate

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Tina Kempin Reuter, Ph.D., director of the UAB Institute for Human Rights Photo Credit: UAB

In the wake of violent protests in Charlottesville, Virginia, Tina Kempin Reuter, director of the University of Alabama at Birmingham Institute for Human Rights offers some practical tips on how to confront hate.

Know your human rights

The Universal Declaration of Human Rights is the key document guiding human rights advocacy. It is based on the universality, inalienability, and indivisibility of human rights and is founded on the core values of equality, non-discrimination and human dignity.

“Knowing one’s human rights is an important step that often gets forgotten,” Reuter said. “Learning the content and extent of basic human rights will give people the tools and language needed to address certain issues. Discrimination, suppression, racism, marginalization, and violence against individuals or groups are human rights violations that must be confronted.”

Reuter urges reporting human rights violations to the authorities such as the Civil Rights Division of the United States Department of Justice or other entities such as the American Civil Liberties Union. If an incident occurs in the workplace, inform your human resources representative or a diversity officer. At UAB, students, faculty, and staff can contact the Office of Diversity, Equity and Inclusion. You can learn more about international human rights by visiting the United Nations Human Rights website and by reading the UAB Institute for Human Rights blog, where faculty and students write about international human rights issues.

Speak up in the face of injustice

Once you know what human rights and human rights violations are, Reuter encourages everyone to pay attention and speak up in the face of injustice. Pay attention to what happens in your everyday life. Document, record and monitor what is going on around you, and if you see injustice, say something.

“The goal is to make everyday suppression of a specific group based on race, color, religion, ethnicity, immigration status, sex, gender, sexual orientation, age or disability status just as unacceptable as the violence and hatred that has occurred in Charlottesville,” Reuter said. “It’s these normal, hidden human rights violations that are particularly dangerous to our society and that we have to confront together.”

Be aware of your own biases

One of the ways to overcome biases and stereotypes is to engage with those who are different. Research shows that interpersonal contact is one of the best ways to reduce prejudice. This theory is called contact hypothesis. The theory suggests that under appropriate conditions interpersonal contact is one of the most effective ways to reduce prejudice between majority and minority groups.

“It is incredibly important to be aware of your own biases,” Reuter said. “We all have them. Realize if you cross the street when a person of a different race walks toward you. Notice if you assume that someone is less competent because she is a woman, a person of color or Muslim. Think about systemic racism and structural violence in your own environment, and find ways to confront them. Actively learn about how our society has grown to marginalize some to the benefit of others. I encourage people to reach out and make new friends outside of their race, religion and gender.”

Join a movement or a cause that fits your passions and interests

Join a movement, and talk with others who feel the same. Look for a rally in your community. Organize a vigil. Participate in a discussion. Engage with others. Get together formally or informally. Look for opportunities to talk. The UAB Institute for Human Rights is a part of the StandAsOne Coalition. If you are a UAB student, you can join the Students for Human Rights club.

“Not all of us are born to be activists or community organizers,” Reuter said. “We cannot all become Martin Luther King, Nelson Mandela or Leymah Gboweee; but we all can contribute by supporting the movement. Think about what you are good at and how your skills and talent can be used to move a cause forward.”

Call your representatives

One of the most effective ways to achieve policy change is to call local and state representatives. Reuter says calling is much more impactful than writing an email, Facebook message or letter. She advises anyone contacting their local representative to be polite to the staff, which is who you will most likely get on the line. Their staff members do not have influence on the decision-making process, but they will record your call and do not mind taking opposing views as long as the conversation is civil.

Educate others

This step does not have to be formal. You can educate others by leading by example, or by bringing a friend along to a conversation you are having. It can happen person to person, on social media or on any other platform you use to connect with others. Creating art, poems and performances are incredible ways to get your point across to people who might find that formal ways of education do not resonate with them.

“It is such a privilege to be an educator,” Reuter said. “It is one of my favorite parts of my job to talk to students about issues that affect the world and to encourage them to learn more about these topics. It’s something that everyone can do. Teach your children and young relatives about kindness, human rights, and peace building. Teach them also about systemic suppression, racism and the way our society has oppressed minorities. Talk to them about what bothers you and what you would like to achieve. You don’t have to be a professor or teacher to educate others.”

Donate

One of the fastest and easiest opportunities to make an impact is to donate to an organization that fights for human rights or civil rights.

There are a number of organizations dedicated to ensuring the preservation of individual rights and liberties, one of which is the UAB Institute for Human Rights. You can learn more about the Institute here.

Take care of yourself

Confronting issues such as hatred, violence, and suppression can take a mental and physical toll on anyone. Reuter says it is important to know what you can and cannot do, what you are willing to do, and what your priorities are.

“Focus on the local level. Start in your own community,” Reuter said. “That world is changed person by person, but don’t forget to take care of your needs. When you start to feel overwhelmed, shut down Facebook, Twitter, cable news and other forms of media. Enjoy time with your friends and family. Be kind to yourself, and realize that real progress takes patience.”

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