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Challenges in Adoption Procedures in Europe

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Challenges in Adoption Procedures in Europe Joint Council of Europe and European Commission Conference Challenges in adoption procedures in Europe: Ensuring the best interests of the child 30 November - 1 December 2009 – Strasbourg, Palais de l’Europe - Room 1 Conférence conjointe du Conseil de l’Europe et de la Commission européenne Les enjeux dans les procédures d’adoption en Europe : Garantir l’intérêt supérieur de l’enfant 30 novembre - 1er décembre 2009 – Strasbourg, Palais de l’Europe - Salle 1 PROCEEDINGS/ACTES Contents Programme . 3 The revised European Convention on the Adoption of Children: From concept to practice . 9 Inter-country adoption: lessons learned, problems and perspectives . 46 European Convention on the Adoption of Children . 82 Convention on protection of children and co-operation in respect of intercountry adoption . 104 Written contributions from the speakers . 123 Conclusions . 268 Final list of participants . 277 1 PROGRAMME MONDAY 30 NOVEMBER 2009 8.00 – 9.00 Welcome and registration of participants THE REVISED EUROPEAN CONVENTION ON THE ADOPTION OF CHILDREN: FROM CONCEPT TO PRACTICE 9.00 – 9.15 Opening speeches • Maud de BOER-BUQUICCHIO, Deputy Secretary General, Council of Europe • Alain BRUN, Acting Director, Directorate General Justice, Freedom and Security, European Commission 9.15 – 10.15 Session I – Children in the adoption process Chair and Moderator – Rosemary HORGAN, Solicitor, Member of the Working Party which drafted the revised Convention on Adoption, Ireland • The child’s legal status in adoption Nigel LOWE, Professor of Family Law, Cardi University, United Kingdom • The case law of the European Court of Human Rights concerning adoption Isabelle BERRO-LEFEVRE, Judge at the European Court of Human Rights, Council of Europe • The child’s consultation and consent in adoption Mia DAMBACH and Cécile MAURIN, Children’s Rights Experts, International Social Service, Switzerland • An example of national practice - Azerbaijan Elgun SAFAROV, Deputy Head of Division of the State Committee on Family, Woman and Children Programme, Azerbaijan 10.15 – 11.00 Discussion 11.00 – 11.15 Co ee break 11.15 – 12.00 Session II – Adults in the adoption process Chair and Moderator – Patrice HILT, Professor of private and penal law, Expert in family law, Strasbourg University, France • The consent of the birth parents to the adoption Brian SLOAN, Lecturer in Law, King’s College Cambridge, United Kingdom • Who can adopt? Taking into account societal changes Robert WINTEMUTE, Professor of Human Rights Law, King’s College London, United Kingdom • Adoptive parents: changing the legal approaches - Ukrainian tendencies Irina ZHYLINKOVA, Professor, Civil Law Department of National Law Academy, Ukraine 12.00 – 12.30 Discussion 12.45 – 14.15 Lunch hosted by the European Commission, Restaurant Bleu, Palais de l’Europe 3 14.15 – 15.30 Session III – Access to one’s origins: striking the right balance Chair and Moderator – Irma ERTMAN, Thematic Coordinator on Children, Ambassador Extraordinary and Plenipotentiary of Finland to the Council of Europe • The example of French legislation Marianne SCHULZ, Lawyer, Directorate of Civil A airs and Seal, Ministry of Justice and Liberties, France • Access to one’s origins as a human right Dragoljub POPOVIĆ, Judge, European Court of Human Rights, Council of Europe • Access to one’s origins from a psychological point of view Philip JAFFÉ, Professor of children’s rights, Director of the University Institute Kurt Bösch, Switzerland • Experience of an adopted person Fritz FROEHLICH, Austria 15.30 – 16.15 Discussion 16.15 – 16.30 Co ee break 16.30 – 17.15 Session IV – Role and responsibility of public and private bodies Chair and Moderator – Ulrike JANZEN, Chair of the Council of Europe’s Committee of Experts on Family Law, Ministry of Justice, Germany • Adoption in the United Nations Convention on the Rights of the Child, and a particular case of adoption of Roma children in Hungary Maria HERCZOG, Member of the United Nations Committee on the Rights of the Child • Preliminary enquiries to the adoption Bettina BAUMERT, Family Judge, Germany • Making national adoption easier - the view from Russia Olga KHAZOVA, Professor, Institute of State and Law, Russian Federation 17.15 – 17.40 Discussion 17.45 Signatures of the European Convention on the Adoption of Children (Revised) (CETS No. 202) – Committee of Ministers’ foyer 19.00 Reception o ered by the Mayor of Strasbourg at the Town Hall 20.30 Dinner hosted by the European Commission – Maison Kammerzell, Strasbourg TUESDAY 1st DECEMBER 2009 INTER-COUNTRY ADOPTION: LESSONS LEARNED, PROBLEMS AND PERSPECTIVES 9.00 – 9.45 Session V – The 1993 Hague Convention on Adoption: Protecting the best interests of children in inter-country adoption Chair and Moderator – Jean-Paul MONCHAU, Ambassador in charge of international adoption, France • Review of the operation of the 1993 Hague Convention: a global perspective William DUNCAN, Deputy Secretary General, The Hague Conference on Private International Law • How the 1993 Hague Convention helps to protect the best interests of children in inter- country adoption Jenny DEGELING, Secretary, The Hague Conference on Private International Law • The role and responsibilities of receiving countries: the importance of the inter-country adoption technical assistance programme Laura MARTINEZ MORA, Coordinator, Technical Assistance Programme, The Hague Conference on Private International Law 4 9.45 – 10.30 Discussion 10.30 – 10.45 Co ee break 10.45 – 11.30 Session VI – The right to a family in the international legal framework and in practice Chair and Moderator – Melita CAVALLO, President of the Juvenile Court in Rome, former President of the Italian Central Authority for International Adoption, Italy • The right to a family: analysis of the existing legal framework Isabelle LAMMERANT, Expert on adoption and children’s rights, Espace adoption, Geneva, and Lecturer at Fribourg University, • Long-term institutional placement and foster care and the best interests of the child Violeta STAN, Paediatrician, specialised in child and adolescent psychiatry and neurology, Senior Lecturer at the University of Medicine of Timisoara, Romania • Preventing abuses in adoption procedures: suggestions and best practices Marlène HOFSTETTER, Terre des Hommes, Head of International Adoption Section, Switzerland • The experience of Romania Edmond McLOUGHNEY, Country Representative, UNICEF Romania • The experience of Bulgaria Krassimira NATAN, Lawyer, Bulgaria 11.30 – 12.15 Discussion 12.30 – 14.00 Lunch hosted by the European Commission, Restaurant Bleu, Palais de l’Europe 14.00 – 14.45 Session VII – Towards a European Adoption Policy? Chair and Moderator – Salla SAASTAMOINEN, Head of Civil Justice Unit, Directorate General Justice, Freedom and Security, European Commission • Thinking ahead of the present situation: is a European adoption policy desirable? Claire GIBAULT, former Member of the European Parliament, France • The results of the study carried out by the European Parliament Ra aella PREGLIASCO, Istituto degli Innocenti, Italy • The results of the study carried out by the European Commission Patrizia DE LUCA, Team leader, Civil Justice Unit, Directorate General Justice, Freedom and Security, European Commission • Experience of an adoptive parent: the lack of recognition of adoption decisions as an obstacle to the free movement of persons in the European Union Brigitta TOTH, Mother of an adopted child, United Kingdom 14.45 – 15.30 Discussion 15.30 – 16.15 Session VIII – Conclusions and Recommendations General Rapporteur – Rosemary HORGAN, Solicitor, Member of the Working Party which drafted the revised European Convention on the Adoption of Children, Ireland Final remarks • Salla SAASTAMOINEN, Head of Civil Justice Unit, Directorate General Justice, Freedom and Security, European Commission • Jan KLEIJSSEN, Director of Standard-Setting, Directorate General of Human Rights and Legal A airs, Council of Europe 16.15 End of the conference 5 PROGRAMME LUNDI 30 NOVEMBRE 2009 8.00 – 9.00 Accueil et enregistrement des participants LA CONVENTION EUROPÉENNE RÉVISÉE SUR L’ADOPTION DES ENFANTS: DE LA CONCEPTUALISATION À LA PRATIQUE 9.00 – 9.15 Discours d’ouverture • Maud de BOER-BUQUICCHIO, Secrétaire Générale adjointe, Conseil de l’Europe • Alain BRUN, Directeur faisant fonction, Direction Générale Justice, Liberté et Sécurité, Commission européenne 9.15 – 10.15 Session I – L’enfant dans le processus d’adoption Présidente et modératrice - Rosemary HORGAN, Avocat, Membre du Groupe de travail ayant rédigé la Convention révisée sur l’adoption, Irlande • Le statut juridique de l’enfant dans le processus d’adoption Nigel LOWE, Professeur de droit de la famille, Université de Cardi , Royaume-Uni • La jurisprudence de la Cour européenne des droits de l’homme en matière d’adoption Isabelle BERRO-LEFEVRE, Juge, Cour européenne des droits de l’homme, Conseil de l’Europe • La consultation de l’enfant et son consentement dans la procédure d’adoption Mia DAMBACH et Cécile MAURIN, Experts en droit des enfants, Service Social International, Suisse • Un exemple de pratique nationale - Azerbaïdjan Elgun SAFAROV, Chef adjoint de la division du Comité d’état sur le programme de la famille, des femmes et des enfants, Azerbaïdjan 10.15 – 11.00 Discussion 11.00 – 11.15 Pause café 11.15 – 12.00 Session II – Les adultes dans le processus d’adoption Président et modérateur – Patrice HILT, Maître de conférences en droit privé et sciences criminelles, Expert en droit de la famille, Université de Strasbourg,
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