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Advantages of kafalah are: - the preservation of a child’s blood lineage (adoption changes this) - children can carry the fourth surname of their new parents (important in social muslim traditions) - it provides for appropriate financial support and family-based care - it reduces the dependence on institutional care. Disadvantages of kafalah are: - it is a cumbersome process - the best interests of the child is not a central consideration - a child is not entitled to the same rights as biological children (most notably that of name and inheritance) - social stigma challenges the child’s full integration in the family and in society - the practical implementation of kafalah is beset by a tremendous gender bias. Gender discrimination affects the observation of children’s rights in Egypt. For instance, a man’s word is enough to declare a newborn as his child, whereas a mother cannot report the birth of her child without official proof of marriage, leading to births remaining unregistered. Furthermore, orfi 16

(unregistered) marriages subject women to immense social stigmatisation, whereas this is not the case for men. children born in orfi marriages have no rights and are virtually non-existent in the eyes of the law. The egypt child law no. 126/2008 provides a rights-based reformed legal framework to alleviate the plight of children without parental care. It focuses on prevention, protection and early intervention and contains a number of vital aspects and principles. Firstly, it forms an umbrella, guaranteeing as a minimum all rights enshrined in the CRC, its optional Protocols and other international human rights conventions. Secondly, children’s right to a family environment and care is embedded in the child law. In addition, the right to an identity and a nationality as well as the right to education are covered. The law also provides for three new child protection mechanisms, namely General child Protection committees at Governorate level, district Protection committees as well as a child helpline, a national, toll-free, 24-hour service. With regard to the implementation of the child law, a number of challenges remain. The best interests principle is not always the paramount consideration in all actions concerning children. For exa-

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InfoHub Newsletter Issue N.33 | Intercountry Adoption  

Transitioning from Intercountry Adoption

InfoHub Newsletter Issue N.33 | Intercountry Adoption  

Transitioning from Intercountry Adoption

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