A critical analysis of the legislative framework regulating intercountry adoption in South Africa and Ghana

Rushwaya, Chipo Irene

A critical analysis of the legislative framework regulating intercountry adoption in South Africa and Ghana

Master Thesis

2014

Publisher

University of Cape Town

Department

Department of Public Law

Faculty

Faculty of Law

Abstract

There are millions of children worldwide without parental care, families and homes. The HIV/AIDS pandemic, civil wars and poverty among other factors have contributed to the population of millions of orphans and destitute children in Africa. The Convention on the Rights of the Child (CRC) provides that ‘a child temporarily or permanently deprived of his or her family environment, or in whose best interests cannot be allowed to remain in that environment, shall be entitled to special protection and assistance by the State.’ Thus, States Parties have an obligation to provide alternative care for such children in accordance with their national law. Such care includes ‘foster placement, kafalah of Islamic law, adoption and placement in suitable institutions.’ The CRC also recognizes intercountry adoption as one of the many possible solutions to children deprived of a family environment or parental care. However, it is only considered as a last resort if the child cannot be cared for in the country of origin.

Description

Includes bibliographical references.

Keywords

Human Rights Law

Reference:

Collections

Masters

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