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Implications of Child Abduction for Human Rights and Child Welfare Systems

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Implications of Child Abduction for Human Rights and Child Welfare Systems Virginia Commonwealth University VCU Scholars Compass Theses and Dissertations Graduate School 2013 IMPLICATIONS OF CHILD ABDUCTION FOR HUMAN RIGHTS AND CHILD WELFARE SYSTEMS: A CONSTRUCTIVIST INQUIRY OF THE LIVED EXPERIENCE OF GUATEMALAN MOTHERS PUBLICALLY REPORTING CHILD ABDUCTION FOR INTERCOUNTRY ADOPTION Carmen Monico Virginia Commonwealth University Follow this and additional works at: http://scholarscompass.vcu.edu/etd Part of the Social Work Commons © The Author Downloaded from http://scholarscompass.vcu.edu/etd/3137 This Dissertation is brought to you for free and open access by the Graduate School at VCU Scholars Compass. It has been accepted for inclusion in Theses and Dissertations by an authorized administrator of VCU Scholars Compass. For more information, please contact [email protected]. IMPLICATIONS OF CHILD ABDUCTION FOR HUMAN RIGHTS AND CHILD WELFARE SYSTEMS: A CONSTRUCTIVIST INQUIRY OF THE LIVED EXPERIENCE OF GUATEMALAN MOTHERS PUBLICALLY REPORTING CHILD ABDUCTION FOR INTERCOUNTRY ADOPTION A Dissertation submitted in partial fulfillment of the requirements for the degree of Doctor of Philosophy at Virginia Commonwealth University. By CARMEN C. MÓNICO Bachelor of Science, University of Maryland University College, 1997 Master of Science, American University, 2001 Master in Social Work, Virginia Commonwealth University, 2011 Director: Humberto Fabelo, Ph.D., L.C. S.W. Associate Dean for Academic and Student Affairs and Associate Professor School of Social Work Virginia Commonwealth University April 25, 2013 © Carmen C. Mónico 2013 ______________________________ All Rights Reserved i Acknowledgements “It takes a village to raise a child,” says the old African proverb. While completing this dissertation paper, I realized that apparently, it “takes a village” to complete a dissertation project also. This dissertation work would have not been possible without the research participants. I would like to thank these mothers who reported their children abducted in Guatemala, and whose voices are missing in the literature. To them, I am most grateful, for sharing their pains as well as their joys during the intensive interview process and the review of the findings of this research. To them, I dedicate this dissertation work and whatever I do with it afterwards. This dissertation was also possible thanks to the dedication and patience of many Guatemalan collaborators. I would like to thank teh Fundación Sobrevivientes, its Director, Norma Cruz, a “woman of courage,” and all of the staff members from the lawyers, social workers, and psychologist, to the receptionists and the security staff, all of whom provide critical services to women suffering violence in Guatemala. My deepest gratitude to my two Guatemalan cultural consultants, who opted to remain anonymous, and to the director and staff of the Women’s Institute of the University of San Carlos of Guatemala, all of whom played a critical role in the various research stages, ensuring that the research work would be more culturally and ethnically appropriate and that a gender perspective would be considered throughout. My special thanks to my former Chair Karen Rotabi, Ph.D., who inspired me to focus on this issue and guided me every step of the way; to my methodologist Mary Katherine O’Connor, Ph.D., who showed me the true generosity of scholarship with her time, energy, and commitment to constructivist research; to my mentor Judith Gibbons, Ph.D., for her invaluable knowledge of cross-cultural research, especially in Guatemala; and to my peer reviewer Justin Lee, Ph.D. who selflessly shared his expertise during the interview process and data interpretation. I am most ii appreciative to my current Chair, Humberto Fabelo, Ph.D., and my external member, Rosalie A. Corona, Ph.D., both of whom contributed timely insights from their own experience of conducting international, bilingual research. I am also grateful to my translation reviewer, Jennifer Casolo, Ph.D. who dedicated many hours reviewing the translation of research materials from Spanish to English and the corresponding back translations. Special thanks to my research assistant Afton Bradley, and my editors, Jennie Vaughn and Maya Porter, who supported me at different stages of the dissertation process. My gratitude to the instructors and mentors, Dr. Mary Secret, Dr. Pamela Kovacs and Dr. Monica Leisey, who inspired me in multiple forms. I would like to give special thanks to those who provided me with financial support and encouragement. From the Council of Social Work Education (CSWE)’s Minority Fellowship Program (MFP), I would like to express my gratitude to Jenny Jones, Ph.D., and Geraldine L. Meeks, Ph.D., who introduced me to the MFP and mentored me while I was a Minority Fellow in 2009–2011. From the Rotary Foundation (RF) and Rotary International (RI), I would like to thank Jim Bynum, District Governor 2011–2012 (sponsoring district); Karin Jimenez, Scholarship Coordinator, James River Rotary Club (sponsoring Club); Bob Preston, past District Governor and past Rotary Foundation Chair; and William Pollard, District Rotary Foundation Committee Chair 2010–13 and Past District Governor 2008–09, all of whom guided me and cheered me up to serve as an Ambassadorial Research Scholar in 2011–2012. Finally, thank you to my family and friends, especially Maria Diaz, Karla Parker, Benjamin Davis, Priscilla Witwer, Alcira Aldaña, Marco del Fuego, and Hugo Bonilla, who supported me in multiple forms in this process. I am offering this work to them, and to the larger community and future generations, as an example of an international research done with a noble inspiration and the appropriate technical, financial, and emotional support. iii Table of Contents List of Figures xiv List of Appendices xv Abstract xvi Chapter 1: Introduction 1 Historical Context and Problem Statement 7 International Adoption: Global Trends and Dynamics 7 Child Abduction and the Hague Convention 10 Intercountry Adoption and the Abduction and Sale of Children in Guatemala 11 Theoretical Underpinnings 15 Definitional Introduction 15 Paradigmatic Framework 16 Theoretical Background 17 Constructivism and Constructivist Paradigm 20 Significance of the Study 23 Relevance to Social Work 26 Value of Social Justice 26 Value of Worth and Dignity of People and Human Rights 27 Other Social Work Values 28 Chapter 2: Preliminary Literature Review Informing the Research Design 30 Historical Evolution of International Adoption 31 Post War World II 31 End of the Korea and Vietnam Wars 31 iv Civil Wars and Economic Instability in Latin America 33 End of the Cold War 36 China’s One-Child Family Policy 38 Rapid Globalization of Intercountry Adoption and the Guatemala Case 39 Era of Major Intercountry Adoption Reforms 42 Loopholes in Intercountry Adoption Standards and the Africa Case 44 Perspectives on the Evolution and Trends of Intercountry Adoption 47 Ethical and Human Rights Perspectives 48 Definition of values-driven positions 48 “Rescue of orphans” versus child abduction in emergency situations 50 Transracial and intercountry adoptions 53 Social and economic justice concerns 55 Ecological, Feminist, and Cultural Perspectives 59 Ecological Framework 59 Feminist-Cultural Perspectives 60 Considerations on Social Policy and Child Welfare 63 Approaches to social policy 63 Issues in child welfare practice 65 The Hague Convention on Intercountry Adoption as a Policy Context 67 Origins and Mandates of the HCIA 67 Best interest of the child 68 Principle of subsidiarity 71 Prevention of child abduction, sale, and trafficking 72 v Determination of adoptability 74 Informed consent and ethical agency practices 75 Cross-country cooperation and global technical assistance 75 Trends in the Implementation of the HCIA Globally and in Guatemala 76 Child Abduction 78 History of Child Removal and Abduction in the United States 79 Child abduction in the early colonies 79 The “orphan trains” and “child saving” movement 79 “Orphan abduction” in Arizona 80 Social Constructions of the International History of Adoption 81 National Child 81 Hybrid Child 82 Missing Child 82 Child Abduction for Intercountry Adoption 83 Child Abduction in the HCIA 83 Child Trafficking as What Follows Child Abduction 85 Child Abduction in Guatemala 86 Experiences of Birth Mothers 88 Experience of Child Relinquishment 88 A Special Type of Loss: Ambiguous Loss 90 Search and Reunion and Grief Resolution 92 Experience of Guatemalan Birth Mothers and Their Families 93 Emerging Themes from the Participants’ Experience: vi Oppression, Adaptation, and Resilience 95 Implications for Research Design: Working Hypotheses 98 Working Definition of Child Abduction 98 Other Working Hypotheses about Child Abduction 100 Research Question 102 Chapter 3: Methodology 103 Planning the Research 103 Phases of the Constructivist Research 103 Emerging Design and Prior Ethnography 103 Stakeholders in the Research Process 107 The Gatekeeper Organization 108 Experts Involved in Research Rigor 108 Constructivist Inquiry: Research Design 113 Case Sampling 113 Dimensions of Analysis 115 Hermeneutic Dialectic Process and Negotiated Outcomes 116 Data Management 118 Multiple Data Sources 118 Multiple Interviews 119 Data Collection and Data Analysis 120 Data Interpretation and Saturation 122 Reporting 124 Research Report 124 vii Member Checking 125 Gatekeepers and Expert Consultations 128 Rigor in Qualitative Research 128 Trustworthiness 129 Credibility 129 Dependability 130 Confirmability 131 Transferability 131 Authenticity 132
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