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Adoptions Across Identity Borders and the Right to Cultural Identity in England Germany and Italy VERSIONE FINALE Copy 2

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Adoptions Across Identity Borders and the Right to Cultural Identity in England Germany and Italy VERSIONE FINALE Copy 2 THE LONDON SCHOOL OF ECONOMICS AND POLITICAL SCIENCE ADOPTIONS ACROSS IDENTITY BORDERS AND THE RIGHT TO CULTURAL IDENTITY IN CONTEXT: THE CASE OF ENGLAND, GERMANY AND ITALY LAURA ZAGREBELSKY MPhil in GENDER STUDIES April 2012 1 Declaration I certify that the thesis I have presented for examination for the MPhil/PhD degree of the London School of Economics and Political Science is solely my own work other than where I have clearly indicated that it is the work of others (in which case the extent of any work carried out jointly by me and any other person is clearly identified in it). The copyright of this thesis rests with the author. Quotation from it is permitted, provided that full acknowledgement is made. This thesis may not be reproduced without my prior written consent. I warrant that this authorisation does not, to the best of my belief, infringe the rights of any third party. I declare that my thesis consists of 53648 words. Laura Zagrebelsky. 2 Table of contents LIST%OF%THE%FIGURES............................................................................................. 5! ABSTRACT.................................................................................................................. 7! ACKNOWLEDGMENTS ............................................................................................ 8! TERMINOLOGY,%AIMS%AND%METHODS. ............................................................. 9! 1.! TERMINOLOGY..............................................................................................................10! 2.! AIMS!AND!METHODS!OF!THE!RESEARCH..................................................................11! 3.! THE!IDENTIFICATION!OF!THE!RESEARCH!TOPIC.....................................................14! 4.! STRUCTURE!OF!THE!DISSERTATION..........................................................................17! CHAPTER%1:%MULTICULTURALISM%AND%THE%RIGHTS%OF%MINORITIES% WITHIN%MINORITIES:%WHERE%ARE%THE%CHILDREN?...............................................20! 1.1.! INTRODUCTION.........................................................................................................21! 1.2.! MULTICULTURALISM!AND!MINORITIES!WITHIN!MINORITIES...........................22! 3.3.! THE!DEBATE!ON!THE!MINORITIES!WITHIN!MINORITIES:!WHY!NOT!CHILDREN? ! 25! 1.3.1. Children and women: similar oppression but different status .......... 25! 1.3.2. Autonomy and the debate on minorities within minorities................ 32! 1.3.3. Which is the cultural identity of a child?................................................... 34! 3.4.! CHILDREN’S!NARRATIVE!OF!IDENTITY:!PUTTING!IDENTITY!INTO!CONTEXT .38! 3.5.! CONCLUSION .............................................................................................................40! CHAPTER%2:%CHILD%ADOPTIONS%ACROSS%IDENTITY%BORDERS:% EMBODYING%AND%SYMBOLISING%CONTRADICTORY%SOCIAL%NARRATIVES ......42! 2.1.! INTRODUCTION.........................................................................................................43! 2.2.! THE!BEST!INTEREST!OF!THE!CHILD:!A!CONCEPT!IN!SEARCH!OF!DEFINITION.45! 2.3.! NARRATIVES!ABOUT!CHILDHOOD..........................................................................49! 2.4.! NARRATIVES!ABOUT!IDENTITY ..............................................................................53! 2.5.! NARRATIVES!ABOUT!FAMILY..................................................................................69! 2.6.! THE!LAST!ELEMENT:!ADOPTION!AND!INEQUALITY. ...........................................72! 2.7.! CONCLUSION .............................................................................................................74! CHAPTER%3:%BELONGING%TO%THE%NATION%IN%ENGLAND,%GERMANY%AND% ITALY .......................................................................................................................................77! 3.1.! INTRODUCTION.........................................................................................................78! 3 3.2.! ENGLAND,!GERMANY!AND!ITALY:!DIFFERENT!HISTORIES!OF!MIGRATION!AND! CITIZENSHIP.! 79! 3.2.1.! British citizenship: from ius soli to cultural citizenship passing through race& 80! 3.2.2.! German citizenship: from ethnic citizenship to cultural citizenship while avoiding race......................................................................................................................... 87! 3.2.3.! Italian citizenship: still based on the past and family ...................... 97! 3.3.! CONCLUSION .......................................................................................................... 104! CHAPTER%4:%ADOPTIONS%ACROSS%IDENTITY%BORDERS%AND%THE%RIGHT% TO%CULTURAL%IDENTITY%IN%ENGLAND,%GERMANY%AND%ITALY. ........................ 106! 4.1.! INTRODUCTION...................................................................................................... 107! 4.2.! THE!LEGAL!DEVELOPMENT!OF!ADOPTION!IN!ENGLAND,!GERMANY!AND! ITALY:!DIFFERENT!SOCIAL!NARRATIVES!AND!DIFFERENT!RIGHTS............................................ 107! 4.2.1 Early 20th Century: the origin of legalised adoption..........................108! 4.2.2. Mid 20th Century: between the orphans crises and ideology.........112! 4.2.3. Late 20th Century: the best interest of the child and adoption.......116! 4.3.! ADOPTIONS!ACROSS!IDENTITY!BORDERS!IN!ENGLAND,!GERMANY!AND!ITALY ! 122! 4.3.1.! Adoptions across racial/ethnic and religious borders in England. & 127! 4.3.2.! Adoptions across racial/ethnic and religious borders in Germany & 149! 4.3.3.! Adoptions across racial/ethnic and religious borders in Italy....154! 4.3.4.! Adoptions across legal/cultural borders in England, Germany and Italy.& 157! 4.4.! CONCLUSIONS......................................................................................................... 166! CHAPTER%5:%CONCLUSIONS.............................................................................. 169! 5.1.! THE!INCREASING!RELEVANCE!OF!THE!CULTURAL!IDENTITY!OF!THE!ADOPTED! CHILDREN.! 170! 5.2.! CONCLUSION .......................................................................................................... 175! APPENDIX%1:%LIST%OF%ACRONYMS ................................................................. 182! BIBLIOGRAPHY.................................................................................................... 183! TABLE!OF!CASES................................................................................................................. 209! TABLE!OF!STATUTES ......................................................................................................... 211! 4 List of the figures Figure 1: Ethnic categories in UK census................................................................................62 Figure 2: Foreign-born population in the United Kingdom (UK National Statistic Office, 2005) ....................................................................................................................81 Figure 3: Percentage of foreign-born population in the United Kingdom (Office for National Statistics, 2005) ...........................................................................................81 Figure 4: Naturalisation in United Kingdom 2000-2009 (Danzelman, 2010) .........................86 Figure 5: Foreign-born population in Germany (Statistiche Bundesamt Deutchland, 2010)............................................................................................................88 Figure 6: Percentage of foreigners in Germany (Statistische Bundesamt, 2011) ....................88 Figure 7: Naturalisation in Germany 1990-2010 (Statistisches Bundesamt, 2010).................95 Figure 8: Number of foreigners (without Italian citizenship) resident in Italy 1995-2011 (Istituto Nazionale di Statistica, 2011) ..........................................................98 Figure 9: Foreign population as a percentage of the total population (Istituto Nazionale di Statistica, 2011) ..........................................................................................98 Figure 10: Naturalisation by residency and through marriage in Italy 1999-2009 (ISMU, 2011).................................................................................................................101 Figure 11: Number of domestic and inter-country adoptions in England, Germany and Italy in 2007 (Department for Education, 2012; Istituto Nazionale di Statistica, Istituto Nazionale di Statistica; 2007b; Office of Statistics, 2010a; Statistiches Bundesamt Deutchland, 2007b) .....................................123 Figure 12: Ethnic origin of children looked after in England in 2002 and of children under 18 in the general population. Source (Department for Education, 2008) ............................................................................................................125 Figure 13: Estimation and percentage of Muslim Population in the United Kingdom, Germany and Italy 2010-2030 (Pew Research Center, 2011) ......................158 Figure 14: Age of children adopted domestically in the United Kingdom 1974- 2010 (Office for National Statistics, 2010b)..................................................................171 5 Figure 15: Age of children with German citizenship adopted in Germany 2002- 2007 (Statistiches Bundesamt, 2007b)...........................................................................172 Figure 16: Age of children without German citizenship adopted in Germany 2002-2007 (Statistiches Bundesamt, 2007b) .................................................................172
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