Peer-reviewed article
The aftermath of transnational illegal adoptions: Redressing human rights violations in the intercountry adoption system with instruments of transitional justice
Elvira Loibl ·
Summary
Written by AI, not yet AICS's view · claude-haiku-4-5-20251001This article examines human rights violations in illegal intercountry adoption systems and explores how transitional justice approaches can be used to provide remedies and reparations to illegally adopted individuals and their biological families. The author argues that effective redress requires combining retributive justice measures, which hold wrongdoers accountable, with restorative justice approaches that address victims' needs and interests. The work responds to a growing movement of illegally adopted people seeking justice and repair for the harm they have experienced.
Key points
- Illegally adopted individuals and their biological families have suffered human rights violations requiring remedies and reparations
- Transitional justice instruments can be adapted to address harms from illegal intercountry adoptions
- Effective redress requires combining both retributive justice (accountability) and restorative justice (victim-focused) approaches
- There is a growing movement of illegally adopted individuals requesting recognition and remedies
Limitations
This article appears to be a conceptual or policy analysis exploring potential remedies rather than an empirical evaluation of specific interventions. The document does not present evidence about the effectiveness of particular justice mechanisms or the outcomes for affected children and families.
Abstract
A growing movement of illegally adopted individuals request remedies and reparations for the human rights violations that they and their biological families had suffered. This article explores a number of measures that the stakeholders in the receiving countries can use in an effort to repair the human rights violations caused by illegal intercountry adoptions, borrowing ideas from transitional justice. In order to effectively redress the harm inflicted upon victims of illegal adoptions, a policy on remedies should combine instruments of retributive justice, aimed at holding wrongdoers accountable, with measures of restorative justice that focus on the victims’ needs and interests.