ABSTRACT

The international transfer of children through adoption, running primarily from poor families in the third world nations to wealthier families in the west, gained momentum in the last few decades and generated a substantial debate. This chapter looks at a small but increasingly important corner of that debate. As the debate over the rights of those communities took shape in law and politics, the movement of children into a global diaspora raised vexing questions about the politics of belonging, both at the level of individual rights to develop and maintain communal or cultural identities, and at the level of group rights to maintain or develop such ties. The justice claims of historically marginalized communities have distinct merit and are particularly poignant when played out through children. The advantage of invoking a language of international human rights lies in the power that rights have to give voice to those who are not ordinarily heard, but also multiplies potential for intractable conflicts.