CC BY
30
Section 5. Property law
Shkendi Qli, European University of Tirana PhD Candidate in Law, lowyer, Social Security Institute
E- mail: cilishkendi@yahoo.co.uk
Analysis on legal activity of Albanian Adoption Committee and the authorities to guarantee the protection of children in the field of national or international adoption
Abstract: Albanian Adoption Committee is the central authority only in Albania, which guarantees the protection of rights of children in the foster national or international and best interests of children declared abandoned, to ensure families suitable and worthy, in order to create conditions for their upbringing and education.
Keywords: Albanian Adoption Committee, domestic and international adoptions, adoptive parent, adopted, UN.
Albanian Adoption Committee was established in 1993, initially as a non-profit collective body. It is the only Central State Authority in Albania, which conducts domestic and international adoptions. Before the democratic changes that occurred in the early 1990s, Albania ADOPTION not recognized, while domestic adoption is regulated by Articles 48 and 62 of the Family Code ofJune 1982. With the opening of Albania towards the democratization process, many things changed, among them the issue of international adoption, which took place 1991-1992 years according to the requirements of foreign nationals themselves directly in child care institutions [1].
Thus, in 1991 about 100 Albanian children are adopted by foreigners and in the first 10 months of 1992 were adopted more than 80 children. Precisely at this time appeared the phenomenon of adoption of children by foreign nationals is, but now directly from households and not just by the institutions. Lack of experience, laws and structures, created problem over control of the process of the bore and the abuse and corruption. To create a normal situation and control, it was drafted and approved Adoption Law no. 7650, dated 17. 12. 1992, which dealt with the establishment of the Central Authority who will assume a heavy burden, but also quite important. [2].
Thus, under the Adoption Act 7650, dated 17. 12. 1992 "On the adoption of minors by foreign citizens and for some changes to the Family Code" in 1993 established the Albanian Adoption Committee that assisted, encouraged and supervised protection of minors through adoption and to ensure cooperation with the competent public authorities and private organizations known, Albanian or foreign. The activity of this institution in the provision of services to citizens initiated in 1994. Since 1993 onwards Albanian Adoption Committee has been operating as a separate institution directly under the Council ofMinisters and then in 2003 with the reorganization and restructuring of some central-level institutions, namely through the Law no. 9112 dated 24.07.2003 for some amendments to Law no. 8678 dated 14.05.2001 "On the organization and functioning of the Ministry of Justice," [3] the latter passed under the Ministry of Justice.
Mission. In its strategy Albanian Adoption Committee is always guided by a principle that runs throughout keeps the Albanian legislation in the field "in plan view, the best interests of the child, the protection and respect of his fundamental rights." Albanian Adoption Committee is dedicated to protecting the health and emotional wellbeing of children able abandoned, turning to find a
Section 5. Property law
family environment able to provide the child love, affection, education, development and normal life. On his mission Albanian Adoption Committee brings the experience of cooperation in the national and international levels.
Purpose. Through adoption, the Albanian Adoption Committee aims and aims to create a new permanent family within the legal framework mainly for abandoned children, children whose natural parents are unable to fulfill this responsibility.
Functioning. Albanian Adoption Committee is a collegial body that operates under the Ministry of Justice and composed of representatives from the Ministry of Justice, Health, Education, Labor, Social Affairs and Equal Opportunities, the Foreign Ministry Public Order, Finance, Law Faculty and the Association of Orphans. Albanian Adoption Committee headed by Chairman who represents the Albanian Adoption Committee in all its activities. Albanian Adoption Committee consists of: Managing Board, President, Executive Secretariat. Albanian Adoption Committee extends its activity in all domestic territory and its activity is determined by the internal regulations [3].
Albanian Adoption Committee is only the Central Authority in Albania in defense of children's rights in the field of national or international adoption. Albanian Adoption Committee in its activities aimed to guarantee the highest interest declared abandoned children to ensure adequate domestic and dignified in order to create conditions for their upbringing and education. He works as a collegial body under the Ministry ofJustice and in accordance with legal provisions that are precisely defined in a number of conventions, laws and byproducts derived in support of the latter [4].
The Committee shall consider and decide on the adequacy of the adoptive applicants and written consent for the realization of any adoption. He supervises periodically all adoption cases, and in cases of adoption, it cooperates with the central authorities of other countries where adoption is performed. Serbian Committee cooperates with child care institutions, public and non-public. 6 United Nations Convention. In the preamble of the Convention of UN sanctions that the family is "grouping basis of society and the natural
environment for the growth and prosperity of all its members and particularly children" and that "the child for the full development and Harmonic to his personality, should grow up in a family environment, in an atmosphere of happiness, love and understanding.
The Hague Convention. The Hague Convention of 1993 hopes to establish a central authority not only in host countries but also in countries of origin, who accredit organizations working in the field of international adoption. The Convention [5] emphasizes the creation of a framework of cooperation between states in order to ensure that the procedures in the best interests of the child and with respect for their fundamental rights. It is precisely Article 1 of the Hague Convention sets out what are its goals: a) be safeguards to ensure that intercountry adoptions are made in the best interests of the child and with respect for their fundamental rights set out in the international law; b) the created a system of cooperation between the Contracting States to ensure that those safeguards are respected and thereby prevent the abduction, sale or trafficking of children; c) to secure the recognition in Contracting States of adoptions made in accordance with this convention.
While Article 2 of the Hague Convention determines when and in which case applies. The Convention shall apply where a child habitually resident in a) Contracting ("the receiving State"), or after the adoption of his State of origin by spouses or a person habitually resident in the receiving State, or for the purposes of such an adoption in the receiving State or in the State of origin. b) The Convention covers only adoptions which create a permanent relationship parent-child relationship.Under Article 3, the Convention ceases to apply if the agreements referred to in Article 1 sub-paragraph c, which expressly states that the Central authorities of the two countries have agreed that the adoption may proceed..not been given before the child eighteen years of age.
UN role in child protection [6]. The UN through its various funds is trying hard to raise awareness on the protection and welfare ofchildren in society. The Convention on the Rights of the Child (adopted by the General Assembly in 1989) has
been human to Convention on the Rights ratified in history. It recognizes the special vulnerability of children and proclaims that childhood is entitled to special care and assistance. Preface and many articles highlight the importance of family and the need to create an environment that is conducive to the healthy growth and development of children. Declaration of the United Nations on the legal principles of social issues related to the protection
and welfare of minors, paying special attention to the guardianship family and adoption national and international, (approved nga General Assambly 1986) "the Hague Convention on Protection of Children and cooperation in the field of international adoptions" (1993), are other international mandates that invite to preserve the rights of those children for whom family life can only be guaranteed by the guardianship and adoption [7].
References:
1. Historical resources are taken near Tirana, the Albanian Adoption Committee, July 2016.
2. Law 7650 of 17, 12, 1992 "On Adoption of minors by foreign citizens and for some changes to the Family Code".
3. Historical resources are taken near the Albanian Adoption Committee, Tirana 2016.
4. Law no. 8624 dated 15.6.2000 on accession of Albania to the Hague Convention "On protection of children and cooperation in adoptions abroad", published in the Official Gazette No. 18, July 2000. United Nations Convention of 20 November 1989 "On the rights of children", which entered into force on 03.28.1992.
Law no. 9062 dated 08/05/2003, "Family" (published in the Official Gazette No. 49, June 2003 page 1907 and entered into force on 21/12/2003.
Law No. 9695 dated 19/03/2007 "On adoption procedures and Albanian Adoption Committee"
(published in the Official Gazette no. 36, April 2007, P. 960).
Law No. 10 221, dated 4.2.2010 "On protection from discrimination".
Law No. 9887, dated 10.3.2008 "On protection of personal data".
Nr.10358 law, dated 16.12.2010 "On some amendments to Law no. 9695, dated 19.03.2007 "On adoption procedures and Albanian Adoption Committee".
Law Nr.9443 dated 16.11.2005 "On accession of the Republic of Albania to the Convention on jurisdiction, applicable law, recognition and enforcement cooperation in respect of parental responsibility and measures for the protection of children".
Law Nr.9359 dated 05.24.2005 "On the European Convention ratification relationships with children." Law Nr.9446 dated 24.11.2005 "On accession of the Republic ofAlbania in the Convention on the Civil Aspects of International Child Abduction".
Law Nr.9544 dated 29.05.2006 "On ratification of Agreement between the Government of the ^A
Government of the Hellenic Republic for the protection and assistance of child victims of trafficking".
Law No. 9669 dated 18.12.2006 "On measures against violence in family relations".
DCM Nr.399 dated 01.06.2011 "On the composition and rules of operation of Commission
approval Intermediaries Foreign Agencies".
Internal Regulation of the DAC's Institution.
5. Adoption pursuant to Law no. 9695 dated 19/03/2007 "On adoption procedures and Albanian Adoption Committee" amended by Law No. 10 358, dated 16.12.2010 "On some amendments to Law no. 9695, dated 19.03.2007 "On adoption procedures and Albanian Adoption Committee".
6. Law No. 8624, dated 15.06.2000, for adherence to the "Hague Convention", "On Protection of Children and Co Adoptions abroad".
7. The Hague Convention on Protection of Children and cooperation in international Adoptions, 1993.
