Orphaned by fate or design: Navigating the human rights dilemma
Author Identifier
Joshua Aston: https://orcid.org/0000-0002-7850-081X
Cecilia Anthony Das: https://orcid.org/0000-0003-2593-7628
Document Type
Book Chapter
Publication Title
Comparative Law: Unraveling Global Legal Systems
Publisher
Springer
School
School of Business and Law
RAS ID
76518
Abstract
A growing concern has emerged concerning the exploitation of children who are trafficked under the guise of being orphans. Orphanage trafficking is a troubling trend and is particularly pronounced in least-developed countries, where institutions are used to secure high-income countries’ donor funding (Kate Van Doore and Rebecca Nhep, ‘Orphanage trafficking, modern slavery and the Australian response’ (2019) 7(2) Griffith Journal of Law & Human Dignity). The proliferation of charitable organisations operating orphanages is evidence of the lucrativeness of the orphanage industry (Ibid.). To sustain this industry, it becomes necessary to maintain a specific number of children to attract funding and tourism activities. To ensure a constant supply of children to meet this demand, trafficking takes place (Ibid.). What is disheartening to note is that these institutions within these regions are often left unobserved and scrutinised by the host country. Research indicates that approximately 3.5–5.5 million children worldwide live in institutional or residential care, and 80–90% still have at least one living parent (Sonja P. Brubacher, Kathryn E. van Doore and Martine Powell, ‘Responding to orphanage trafficking from an information gathering perspective’ (2021) 120 Child Abuse & Neglect 105222). This bleak statistic underscores the unnecessary institutionalisation of many of these children. What is even more alarming is the extent to which these institutions operate under the radar, providing shelter to trafficked children without drawing significant attention. This is a pressing issue that demands immediate international scrutiny. It is crucial to monitor the flow of funds from high-income countries to these least-developed regions under the guise of charitable donations. Equally important is the need for host countries to enforce sanctions and robust monitoring mechanisms for these organisations to ensure that trafficking does not take place within their institutions. This chapter aims to delve into the prevalence of this alarming phenomenon and explore strategies that should be implemented globally to prevent its continuation. Just as international efforts are dedicated to monitoring and combating terrorism funding, the funding funnelled through these orphanages should be subjected to scrutiny and oversight.
DOI
10.1007/978-981-97-7815-7_7
Access Rights
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Comments
Aston, J., & Das, C. A. (2024). Orphaned by fate or design: Navigating the human rights dilemma. In Comparative Law: Unraveling Global Legal Systems (pp. 101-108). Singapore: Springer Nature Singapore. https://doi.org/10.1007/978-981-97-7815-7_7