2017
Embedding social justice in Ugandan adoption and legal guardianship cases
Publication
Publication
Childhood in Africa , Volume 4 - Issue 1 p. 23- 33
International adoptions of Ugandan children
rose by 400 percent from 2010 to 2011, many
under irregular and suspicious circumstances
(Lumu 2014) due to a ‘legal guardianship loophole’
that allows prospective adoptive parents to take
children under their guardianship out of the country
even before a child’s adoptability has been
determined. Ugandan courts then lose jurisdiction
because such adoptions are finalized in the
adoptive country.
This article highlights the emerging social
justice issues associated with these trends, as well
as the irreversible damage of such actions on
children’s growth and development. The courts play
a critical role in adoption and legal guardianship
cases, using their discretionary power to promote
the best interests of children and ensure their
safety, survival and development. Because judicial
officers are more empowered than any other
authority, we argue that they must exercise this
discretion with social justice in mind; a fair and
transparent process of judicial decision-making that
recognizes human value, children’s capabilities,
and wellbeing as well as treats all parties equally –
regardless of their social status – is essential if
children are to be protected from adoption abuses
and trafficking. A watertight adoption procedure is
the only means of ensuring the appropriate
identification of adoptable children and
guaranteeing that children are regarded as
individual rights holders rather than the property of
adults.
Additional Metadata | |
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hdl.handle.net/1765/124972 | |
Childhood in Africa | |
Organisation | International Institute of Social Studies of Erasmus University (ISS) |
Mukasa Namubiru, S., & Cheney, K. (2017). Embedding social justice in Ugandan adoption and legal guardianship cases. Childhood in Africa, 4(1), 23–33. Retrieved from http://hdl.handle.net/1765/124972 |