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Is there a Right to a Multicultural Family under the European Convention on Human Rights? A Critical Analysis of Ethnicity Matching in Adoption

Lindholm, Valeri LU (2012) JURM02 20121
Department of Law
Abstract
This thesis critically examines ethnicity matching between children awaiting adoption and prospective adopters and its discriminatory consequences for ethnic minority children under the European Convention on Human Rights. The examination is conducted against the background of the adoption controversy, and the differing views on what is in the best interests of the child. It highlights how the European Court of Human Rights has approached alleged discrimination in the matching between children and prospective adopters and finds that there is no right to adoption under the Convention, but there is a right not to be discriminated against in the access to adoption.

Moreover, the thesis addresses the European Convention on the Adoption of... (More)
This thesis critically examines ethnicity matching between children awaiting adoption and prospective adopters and its discriminatory consequences for ethnic minority children under the European Convention on Human Rights. The examination is conducted against the background of the adoption controversy, and the differing views on what is in the best interests of the child. It highlights how the European Court of Human Rights has approached alleged discrimination in the matching between children and prospective adopters and finds that there is no right to adoption under the Convention, but there is a right not to be discriminated against in the access to adoption.

Moreover, the thesis addresses the European Convention on the Adoption of Children and Protocol No. 12, and their respective possible influence on the reasoning of the Court concerning ethnicity matching.

It also emphasises how one of the Council of Europe member States, the United Kingdom, is currently tackling the issue. The author is supportive of the United Kingdom Government initiated reform of the adoption system, and in particular its focus on regulating the discriminatory consequences for ethnic minority children awaiting adoption through legislative measures.

This thesis concludes that it is most likely that the Court would be willing to scrutinise the use of ethnicity matching in adoption. The main factors that are most likely to influence the reasoning of the European Court of Human Rights are highlighted and reflected upon. In light of these factors it is argued that ethnicity matching used as a determinative criterion in adoption, with the consequences of unjustified delay or denial of adoption for ethnic minority children, is a violation of Article 14 taken in conjunction with Article 8 European Convention on Human Rights. Moreover, the author argues that such a finding by the Court, and legal reforms such as the ones presented in the United Kingdom, will aid society to embrace the creation of multicultural families through adoption. (Less)
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author
Lindholm, Valeri LU
supervisor
organization
course
JURM02 20121
year
type
H3 - Professional qualifications (4 Years - )
subject
keywords
Adoption, Ethnicity matching, European Convention on Human Rights
language
English
id
2701764
date added to LUP
2012-07-13 10:55:59
date last changed
2017-01-27 15:53:55
@misc{2701764,
  abstract     = {This thesis critically examines ethnicity matching between children awaiting adoption and prospective adopters and its discriminatory consequences for ethnic minority children under the European Convention on Human Rights. The examination is conducted against the background of the adoption controversy, and the differing views on what is in the best interests of the child. It highlights how the European Court of Human Rights has approached alleged discrimination in the matching between children and prospective adopters and finds that there is no right to adoption under the Convention, but there is a right not to be discriminated against in the access to adoption. 

Moreover, the thesis addresses the European Convention on the Adoption of Children and Protocol No. 12, and their respective possible influence on the reasoning of the Court concerning ethnicity matching. 

It also emphasises how one of the Council of Europe member States, the United Kingdom, is currently tackling the issue. The author is supportive of the United Kingdom Government initiated reform of the adoption system, and in particular its focus on regulating the discriminatory consequences for ethnic minority children awaiting adoption through legislative measures.

This thesis concludes that it is most likely that the Court would be willing to scrutinise the use of ethnicity matching in adoption. The main factors that are most likely to influence the reasoning of the European Court of Human Rights are highlighted and reflected upon. In light of these factors it is argued that ethnicity matching used as a determinative criterion in adoption, with the consequences of unjustified delay or denial of adoption for ethnic minority children, is a violation of Article 14 taken in conjunction with Article 8 European Convention on Human Rights. Moreover, the author argues that such a finding by the Court, and legal reforms such as the ones presented in the United Kingdom, will aid society to embrace the creation of multicultural families through adoption.},
  author       = {Lindholm, Valeri},
  keyword      = {Adoption,Ethnicity matching,European Convention on Human Rights},
  language     = {eng},
  note         = {Student Paper},
  title        = {Is there a Right to a Multicultural Family under the European Convention on Human Rights? A Critical Analysis of Ethnicity Matching in Adoption},
  year         = {2012},
}