Kathryn (Kate) van Doore is an international children's rights lawyer and an academic at Griffith Law School, Australia. Kate specialises in human trafficking (especially orphanage trafficking), modern slavery and child rights. Kate's work in this area was recognised by the Anti-Slavery Australia Freedom Award in 2017. She is a co-founder of Forget Me Not, an international non-governmental organisation focused on child protection and deinstitutionalisation of children in Nepal, Uganda and India. Kate is the Program Director of the Masters in Australian Migration Law and Practice and the Graduate Certificate in Professional Legal Studies at Griffith Law School
Protecting Migrant Children: In Search of Best Practice, 2018
The juxtaposition of domestic and regional responses to child trafficking
and migration is clearl... more The juxtaposition of domestic and regional responses to child trafficking and migration is clearly delineated in the context of South-East Asia due to the proximity of countries and relative ease of access across the region. This ease of access has led to well-established migration flows, or routes, leaving the region split between source countries and destination countries. It is well documented that migration occurs intra-regionally from less developed countries to more developed countries, and that a substantial number of children are making this move.1 Based on this, this chapter examines how the best interests principle embodied in the Convention on the Rights of the Child intersects with the issue of child migration and trafficking in the Association of South East Asian Nations (ASEAN) region. Through this contrasting examination in domestic and regional contexts, the chapter draws a conclusion regarding how the law may navigate the best interests of the child paradigm in relation to child migration and trafficking in South-East Asia.
The Palgrave International Handbook of Human Trafficking, 2019
The Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Childre... more The Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children (Palermo Protocal) established an internationally agreed upon definition of the crime of “trafficking in persons” under its Article 3. By virtue of this definition, the crime of trafficking in persons is substantiated when an “act” (recruitment, transportation, transfer, harboring, or receipt of persons) is committed by way of a “means” (the threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability, or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person) for a purpose of exploitation. This protocol is subject to its parent instrument, the United Nations Convention against Transnational Organized Crime (CTNOC). The CTNOC notes that it extends to offenses which are transnational in nature and involve an organized criminal group. It therefore appears that the CTNOC imposes additional elements forming part of the crime of trafficking: that the offense be transnational in nature and involve an organized criminal group. Whether these are required elements is a discrepancy found throughout trafficking scholarship and has been identified as a point of unresolved contention. The lack of clarity regarding the definitional contours of this offense means that there is potential for issues in the investigation and prosecution of trafficking. In an effort to bring clarity to the constituent elements of trafficking, this contribution uses a textual analysis to show that, despite some language suggesting that trafficking is strictly a transnational organized crime, the codified definition is not limited to offenses which are transnational, and nor does it require the involvement of an organized criminal group.
The purpose of this report is to:
➢ Provide a rationale for developing a holistic multi-tiered st... more The purpose of this report is to: ➢ Provide a rationale for developing a holistic multi-tiered strategy to combatting Australia’s role in the orphanage trafficking business model; ➢ Ensure Australia’s response to orphanage trafficking is consistent with Australia’s State party obligations to the intersecting international treaties including the UN Convention on the Rights of the Child, Optional Protocol on the Sale of Children, Child Prostitution and Child Pornography, Convention against Transnational Crime and the Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children; and ➢ Outline an approach to divestment that prioritises children’s rights whilst simultaneously recognising and redirecting the goodwill of the Australian people towards better practices in volunteering and the support of children overseas.
This expert paper forms part of the ECPAT Global Study on Child Sexual Exploitation in Travel and... more This expert paper forms part of the ECPAT Global Study on Child Sexual Exploitation in Travel and Tourism 2016. It particularly focuses on the case study of Forget Me Not Australia.
For the full published version, please see: International Journal of Children's Rights, Volume 24... more For the full published version, please see: International Journal of Children's Rights, Volume 24, Issue 2, 2016, pp 378-407
There are an estimated eight million children residing in orphanages, or residential care facilities, globally and it is estimated that four out of five of these children are not orphans. It is well documented that many of these children are taken from their families by recruiters and sold into orphanages for the purpose of profit. These children are known as 'paper orphans'. There is no formal legal academic research available on how international law regards this displacement from family and construction as an orphan. This article provides a legal account of the movement of the children from the family to the orphanage, and considers whether this movement can be categorised as child trafficking under international law. The major point of contention as to whether paper orphans are considered trafficked is whether they experience a form of exploitation that is included in the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children. This article examines the forms of exploitation that have been documented as being experienced by paper orphans and argues that the process of paper orphaning meets the current interpretation of the definition of trafficking.
NB This is a pre-peer reviewed version of this paper as submitted to the International Journal of Children's Rights. For the full published version, please see: International Journal of Children's Rights, Volume 24, Issue 2, 2016, pp378-407
While the evidence on the detrimental effects orphanages have on children continues to grow, Aust... more While the evidence on the detrimental effects orphanages have on children continues to grow, Australians have continued to make contributions to the international orphanage industry and the perpetuation of the institutionalization of children, says this report from ReThink Orphanages. The report “seeks to map Australia’s contribution to residential care institutions for children overseas across a number of sectors and identify opportunities for strategic engagement with various stakeholders in the Australian context.” The report presents data on Australia’s participation in the orphanage industry and offers key recommendations based on the findings. The report calls for investment in further research and data collection, further investigation into the faith-based sector’s contribution to the institutionalization of children overseas, redirection of resources and volunteers to programs that help strengthen families and communities, strengthening of supply-side regulations across sectors, and investment in child safeguarding.
This paper provides an overview of international volunteering, or “voluntourism,” and its potenti... more This paper provides an overview of international volunteering, or “voluntourism,” and its potential vulnerability to child sexual exploitation, particularly in residential care centres. This expert paper forms part of the ECPAT Global Study on Child Sexual Exploitation in Travel and Tourism 2016.
Torres Strait Islander traditional adoption has been the subject of political and legal debate fo... more Torres Strait Islander traditional adoption has been the subject of political and legal debate for decades. While the law has given consideration and limited recognition to Torres Strait Islander adoption, the case of Eatts v Gundy (‘Eatts’) in Queensland raises once more the unresolved conflict between state law and Aboriginal and Torres Strait Islander laws (traditions).
This position paper focuses on the issue of orphanage tourism as a driver for the institutionalis... more This position paper focuses on the issue of orphanage tourism as a driver for the institutionalisation of children (including through orphanage trafficking) and makes recommendations for how the Dutch government might combat it.
7th Annual Interdisciplinary Conference on Human Trafficking October 1-3, 2015; Lincoln, NE, US
I... more 7th Annual Interdisciplinary Conference on Human Trafficking October 1-3, 2015; Lincoln, NE, US In 2009, Save the Children reported that internationally four out of five children in orphanages were not orphans and noted that some poor families were coerced into giving up their children in exchange for money by unscrupulous institutions and adoption agencies hoping to profit from either the residence or trafficking of children. These children are known as 'paper orphans'. Reports since this time have determined that residential care centres have turned to orphanage tourism as a way to attract more donors and that almost all centres are funded by overseas donors in some developing nations. This presentation explores the demand for the trafficking of paper orphans. It asserts that the rise in popularity of orphanage tourism, a form of voluntourism where tourists either volunteer in orphanages for short or long term periods, or where tourists visit orphanages for less than a day as part of a tourist experience, but do not volunteer, has led to an increase in the number of children being raised in orphanages. While there is evidence linking orphanage tourism to the placement and maintenance of children in orphanages, there is no previous research linking orphanage tourism as a demand driver of child trafficking. This presentation provides a comprehensive account of the links between orphanage tourism, child trafficking and the creation of paper orphans. Ultimately, the presentation argues that orphanage tourism creates a demand for the trafficking of children into orphanages. humantrafficking.unl.edu
play00:00 00:00mute
Podsoc #72 05.11.2014
From orphanhood to trafficked:
In conversation with... more play00:00 00:00mute Podsoc #72 05.11.2014
From orphanhood to trafficked:
In conversation with Kate van Doore This podcast is a presentation given by Kate Van Doore at the Interdisciplinary Conference on Human Trafficking held on October 9-11 2014 at the University of Nebraska http://humantrafficking.unl.edu/. Kate van Doore talks about the convergence of trafficking, orphanages and ‘orphans’ and how orphanhood and tourism are essential to a new business model.
In 2009, Save the Children reported that internationally four out of five children living in orph... more In 2009, Save the Children reported that internationally four out of five children living in orphanages were not orphans. The report noted that poor families were coerced into giving up their children by unscrupulous institutions hoping to profit from either the residence or trafficking of their children. Once the children are taken from their families, fraudulent documentation is often created that makes them an orphan on paper. This presentation explored how the business model of orphanages and residential care centres in developing nations leads to the unnecessary institutionalisation of children and the creation of paper orphans, infringing on the rights of the child, and how international law can help to resolve this issue.
Better Care Network, CPC Learning Network, Humanitarian Organization for Migration Emergencies - ... more Better Care Network, CPC Learning Network, Humanitarian Organization for Migration Emergencies - 7 October 2015 Columbia University, New York
This Panel Discussion organised by Humanitarian Organization for Migration Emergencies (Home) at Columbia University in collaboration with the Better Care Network and the CPC Learning Network will take a look at the ethics of 'voluntourism', particularly international volunteering in "orphanages" and other residential care facilities for children.
“Orphanage volunteering” or “orphanage tourism” has become a popular activity for tourists, faith based organisations, education providers, young people on gap years, corporate and government employees who have specific corporate social responsibility policies encouraging volunteer work, and people generally seeking to ‘give back’ to developing nations. However, little attention has been paid to the harm that may be inflicted on children through such tourism or volunteering. A growing coalition of travel operators, education specialists, faith based organisations and child protection agencies have got together to highlight the evidence about the impact of such practices on children, as well as their families and communities. The panel discussion will address the following question: 'Does volunteering in orphanages does more harm than good'?
Discussants are:
- Eric Hartman, Assistant Professor in the Staley School of Leadership Studies at Kansas State University and Editor & Co-Founder, globalsl.org - Kate van Doore, Undergraduate and Postgraduate Programs Convenor at Griffith Law School at Griffith University in Australia, who has written widely on child sex tourism, trafficking, and voluntourism; - Florence Martin, Director of The Better Care Network and co-chair of "The Better Volunteering, Better Care Initiative".
Radio National interview; Tuesday 19 April 2016 8:45AM;
The number of orphanages in developing n... more Radio National interview; Tuesday 19 April 2016 8:45AM; The number of orphanages in developing nations has dramatically increased in the past decade. But where are the children coming from? A group of Australian NGOs has formed an alliance to raise awareness about the unsavoury industry of so-called 'paper orphans', which sees children taken from families to fill orphanages and attract foreign money.
Forget Me Not is a children’s non government organisation operating in Nepal and several other co... more Forget Me Not is a children’s non government organisation operating in Nepal and several other countries. The organisation values ethics, children’s rights and child-driven approaches. In this podcast, Kate Van Doore identifies child trafficking as a major problem in Nepal where children are trafficked and sold for international adoption or prostitution. Kate reports on the work of Forget Me Not in family reunion and discusses the complexities surrounding the care of children. Fronek, P. (Host). (2013, March 28). Forget me not: In conversation with Kate Van Doore [Episode 48]. Podsocs. Podcast retrieved Month Day, Year, from http://www.podsocs.com/podcast/forget-me-not/.
Protecting Migrant Children: In Search of Best Practice, 2018
The juxtaposition of domestic and regional responses to child trafficking
and migration is clearl... more The juxtaposition of domestic and regional responses to child trafficking and migration is clearly delineated in the context of South-East Asia due to the proximity of countries and relative ease of access across the region. This ease of access has led to well-established migration flows, or routes, leaving the region split between source countries and destination countries. It is well documented that migration occurs intra-regionally from less developed countries to more developed countries, and that a substantial number of children are making this move.1 Based on this, this chapter examines how the best interests principle embodied in the Convention on the Rights of the Child intersects with the issue of child migration and trafficking in the Association of South East Asian Nations (ASEAN) region. Through this contrasting examination in domestic and regional contexts, the chapter draws a conclusion regarding how the law may navigate the best interests of the child paradigm in relation to child migration and trafficking in South-East Asia.
The Palgrave International Handbook of Human Trafficking, 2019
The Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Childre... more The Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children (Palermo Protocal) established an internationally agreed upon definition of the crime of “trafficking in persons” under its Article 3. By virtue of this definition, the crime of trafficking in persons is substantiated when an “act” (recruitment, transportation, transfer, harboring, or receipt of persons) is committed by way of a “means” (the threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability, or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person) for a purpose of exploitation. This protocol is subject to its parent instrument, the United Nations Convention against Transnational Organized Crime (CTNOC). The CTNOC notes that it extends to offenses which are transnational in nature and involve an organized criminal group. It therefore appears that the CTNOC imposes additional elements forming part of the crime of trafficking: that the offense be transnational in nature and involve an organized criminal group. Whether these are required elements is a discrepancy found throughout trafficking scholarship and has been identified as a point of unresolved contention. The lack of clarity regarding the definitional contours of this offense means that there is potential for issues in the investigation and prosecution of trafficking. In an effort to bring clarity to the constituent elements of trafficking, this contribution uses a textual analysis to show that, despite some language suggesting that trafficking is strictly a transnational organized crime, the codified definition is not limited to offenses which are transnational, and nor does it require the involvement of an organized criminal group.
The purpose of this report is to:
➢ Provide a rationale for developing a holistic multi-tiered st... more The purpose of this report is to: ➢ Provide a rationale for developing a holistic multi-tiered strategy to combatting Australia’s role in the orphanage trafficking business model; ➢ Ensure Australia’s response to orphanage trafficking is consistent with Australia’s State party obligations to the intersecting international treaties including the UN Convention on the Rights of the Child, Optional Protocol on the Sale of Children, Child Prostitution and Child Pornography, Convention against Transnational Crime and the Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children; and ➢ Outline an approach to divestment that prioritises children’s rights whilst simultaneously recognising and redirecting the goodwill of the Australian people towards better practices in volunteering and the support of children overseas.
This expert paper forms part of the ECPAT Global Study on Child Sexual Exploitation in Travel and... more This expert paper forms part of the ECPAT Global Study on Child Sexual Exploitation in Travel and Tourism 2016. It particularly focuses on the case study of Forget Me Not Australia.
For the full published version, please see: International Journal of Children's Rights, Volume 24... more For the full published version, please see: International Journal of Children's Rights, Volume 24, Issue 2, 2016, pp 378-407
There are an estimated eight million children residing in orphanages, or residential care facilities, globally and it is estimated that four out of five of these children are not orphans. It is well documented that many of these children are taken from their families by recruiters and sold into orphanages for the purpose of profit. These children are known as 'paper orphans'. There is no formal legal academic research available on how international law regards this displacement from family and construction as an orphan. This article provides a legal account of the movement of the children from the family to the orphanage, and considers whether this movement can be categorised as child trafficking under international law. The major point of contention as to whether paper orphans are considered trafficked is whether they experience a form of exploitation that is included in the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children. This article examines the forms of exploitation that have been documented as being experienced by paper orphans and argues that the process of paper orphaning meets the current interpretation of the definition of trafficking.
NB This is a pre-peer reviewed version of this paper as submitted to the International Journal of Children's Rights. For the full published version, please see: International Journal of Children's Rights, Volume 24, Issue 2, 2016, pp378-407
While the evidence on the detrimental effects orphanages have on children continues to grow, Aust... more While the evidence on the detrimental effects orphanages have on children continues to grow, Australians have continued to make contributions to the international orphanage industry and the perpetuation of the institutionalization of children, says this report from ReThink Orphanages. The report “seeks to map Australia’s contribution to residential care institutions for children overseas across a number of sectors and identify opportunities for strategic engagement with various stakeholders in the Australian context.” The report presents data on Australia’s participation in the orphanage industry and offers key recommendations based on the findings. The report calls for investment in further research and data collection, further investigation into the faith-based sector’s contribution to the institutionalization of children overseas, redirection of resources and volunteers to programs that help strengthen families and communities, strengthening of supply-side regulations across sectors, and investment in child safeguarding.
This paper provides an overview of international volunteering, or “voluntourism,” and its potenti... more This paper provides an overview of international volunteering, or “voluntourism,” and its potential vulnerability to child sexual exploitation, particularly in residential care centres. This expert paper forms part of the ECPAT Global Study on Child Sexual Exploitation in Travel and Tourism 2016.
Torres Strait Islander traditional adoption has been the subject of political and legal debate fo... more Torres Strait Islander traditional adoption has been the subject of political and legal debate for decades. While the law has given consideration and limited recognition to Torres Strait Islander adoption, the case of Eatts v Gundy (‘Eatts’) in Queensland raises once more the unresolved conflict between state law and Aboriginal and Torres Strait Islander laws (traditions).
This position paper focuses on the issue of orphanage tourism as a driver for the institutionalis... more This position paper focuses on the issue of orphanage tourism as a driver for the institutionalisation of children (including through orphanage trafficking) and makes recommendations for how the Dutch government might combat it.
7th Annual Interdisciplinary Conference on Human Trafficking October 1-3, 2015; Lincoln, NE, US
I... more 7th Annual Interdisciplinary Conference on Human Trafficking October 1-3, 2015; Lincoln, NE, US In 2009, Save the Children reported that internationally four out of five children in orphanages were not orphans and noted that some poor families were coerced into giving up their children in exchange for money by unscrupulous institutions and adoption agencies hoping to profit from either the residence or trafficking of children. These children are known as 'paper orphans'. Reports since this time have determined that residential care centres have turned to orphanage tourism as a way to attract more donors and that almost all centres are funded by overseas donors in some developing nations. This presentation explores the demand for the trafficking of paper orphans. It asserts that the rise in popularity of orphanage tourism, a form of voluntourism where tourists either volunteer in orphanages for short or long term periods, or where tourists visit orphanages for less than a day as part of a tourist experience, but do not volunteer, has led to an increase in the number of children being raised in orphanages. While there is evidence linking orphanage tourism to the placement and maintenance of children in orphanages, there is no previous research linking orphanage tourism as a demand driver of child trafficking. This presentation provides a comprehensive account of the links between orphanage tourism, child trafficking and the creation of paper orphans. Ultimately, the presentation argues that orphanage tourism creates a demand for the trafficking of children into orphanages. humantrafficking.unl.edu
play00:00 00:00mute
Podsoc #72 05.11.2014
From orphanhood to trafficked:
In conversation with... more play00:00 00:00mute Podsoc #72 05.11.2014
From orphanhood to trafficked:
In conversation with Kate van Doore This podcast is a presentation given by Kate Van Doore at the Interdisciplinary Conference on Human Trafficking held on October 9-11 2014 at the University of Nebraska http://humantrafficking.unl.edu/. Kate van Doore talks about the convergence of trafficking, orphanages and ‘orphans’ and how orphanhood and tourism are essential to a new business model.
In 2009, Save the Children reported that internationally four out of five children living in orph... more In 2009, Save the Children reported that internationally four out of five children living in orphanages were not orphans. The report noted that poor families were coerced into giving up their children by unscrupulous institutions hoping to profit from either the residence or trafficking of their children. Once the children are taken from their families, fraudulent documentation is often created that makes them an orphan on paper. This presentation explored how the business model of orphanages and residential care centres in developing nations leads to the unnecessary institutionalisation of children and the creation of paper orphans, infringing on the rights of the child, and how international law can help to resolve this issue.
Better Care Network, CPC Learning Network, Humanitarian Organization for Migration Emergencies - ... more Better Care Network, CPC Learning Network, Humanitarian Organization for Migration Emergencies - 7 October 2015 Columbia University, New York
This Panel Discussion organised by Humanitarian Organization for Migration Emergencies (Home) at Columbia University in collaboration with the Better Care Network and the CPC Learning Network will take a look at the ethics of 'voluntourism', particularly international volunteering in "orphanages" and other residential care facilities for children.
“Orphanage volunteering” or “orphanage tourism” has become a popular activity for tourists, faith based organisations, education providers, young people on gap years, corporate and government employees who have specific corporate social responsibility policies encouraging volunteer work, and people generally seeking to ‘give back’ to developing nations. However, little attention has been paid to the harm that may be inflicted on children through such tourism or volunteering. A growing coalition of travel operators, education specialists, faith based organisations and child protection agencies have got together to highlight the evidence about the impact of such practices on children, as well as their families and communities. The panel discussion will address the following question: 'Does volunteering in orphanages does more harm than good'?
Discussants are:
- Eric Hartman, Assistant Professor in the Staley School of Leadership Studies at Kansas State University and Editor & Co-Founder, globalsl.org - Kate van Doore, Undergraduate and Postgraduate Programs Convenor at Griffith Law School at Griffith University in Australia, who has written widely on child sex tourism, trafficking, and voluntourism; - Florence Martin, Director of The Better Care Network and co-chair of "The Better Volunteering, Better Care Initiative".
Radio National interview; Tuesday 19 April 2016 8:45AM;
The number of orphanages in developing n... more Radio National interview; Tuesday 19 April 2016 8:45AM; The number of orphanages in developing nations has dramatically increased in the past decade. But where are the children coming from? A group of Australian NGOs has formed an alliance to raise awareness about the unsavoury industry of so-called 'paper orphans', which sees children taken from families to fill orphanages and attract foreign money.
Forget Me Not is a children’s non government organisation operating in Nepal and several other co... more Forget Me Not is a children’s non government organisation operating in Nepal and several other countries. The organisation values ethics, children’s rights and child-driven approaches. In this podcast, Kate Van Doore identifies child trafficking as a major problem in Nepal where children are trafficked and sold for international adoption or prostitution. Kate reports on the work of Forget Me Not in family reunion and discusses the complexities surrounding the care of children. Fronek, P. (Host). (2013, March 28). Forget me not: In conversation with Kate Van Doore [Episode 48]. Podsocs. Podcast retrieved Month Day, Year, from http://www.podsocs.com/podcast/forget-me-not/.
Uploads
Papers by Kate van Doore
and migration is clearly delineated in the context of South-East Asia
due to the proximity of countries and relative ease of access across the
region. This ease of access has led to well-established migration flows, or
routes, leaving the region split between source countries and destination
countries. It is well documented that migration occurs intra-regionally
from less developed countries to more developed countries, and that a
substantial number of children are making this move.1 Based on this,
this chapter examines how the best interests principle embodied in the
Convention on the Rights of the Child intersects with the issue of child
migration and trafficking in the Association of South East Asian Nations
(ASEAN) region.
Through this contrasting examination in domestic and regional contexts,
the chapter draws a conclusion regarding how the law may navigate
the best interests of the child paradigm in relation to child migration and
trafficking in South-East Asia.
➢ Provide a rationale for developing a holistic multi-tiered strategy to
combatting Australia’s role in the orphanage trafficking business model;
➢ Ensure Australia’s response to orphanage trafficking is consistent with
Australia’s State party obligations to the intersecting international treaties
including the UN Convention on the Rights of the Child, Optional Protocol on
the Sale of Children, Child Prostitution and Child Pornography, Convention
against Transnational Crime and the Protocol to Prevent, Suppress and
Punish Trafficking in Persons, especially Women and Children; and
➢ Outline an approach to divestment that prioritises children’s rights whilst
simultaneously recognising and redirecting the goodwill of the Australian
people towards better practices in volunteering and the support of children
overseas.
Submission published online here: https://www.aph.gov.au/Parliamentary_Business/Committees/Joint/Foreign_Affairs_Defence_and_Trade/ModernSlavery/Submissions
https://compact.org/resource-posts/does-volunteering-in-an-orphanage-create-a-demand-for-child-trafficking/
https://app.secure.griffith.edu.au/news/2017/03/03/how-does-volunteering-in-an-orphanage-encourage-modern-slavery/
There are an estimated eight million children residing in orphanages, or residential care facilities, globally and it is estimated that four out of five of these children are not orphans. It is well documented that many of these children are taken from their families by recruiters and sold into orphanages for the purpose of profit. These children are known as 'paper orphans'. There is no formal legal academic research available on how international law regards this displacement from family and construction as an orphan. This article provides a legal account of the movement of the children from the family to the orphanage, and considers whether this movement can be categorised as child trafficking under international law. The major point of contention as to whether paper orphans are considered trafficked is whether they experience a form of exploitation that is included in the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children. This article examines the forms of exploitation that have been documented as being experienced by paper orphans and argues that the process of paper orphaning meets the current interpretation of the definition of trafficking.
NB This is a pre-peer reviewed version of this paper as submitted to the International Journal of Children's Rights. For the full published version, please see: International Journal of Children's Rights, Volume 24, Issue 2, 2016, pp378-407
Conference Presentations by Kate van Doore
In 2009, Save the Children reported that internationally four out of five children in orphanages were not orphans and noted that some poor families were coerced into giving up their children in exchange for money by unscrupulous institutions and adoption agencies hoping to profit from either the residence or trafficking of children. These children are known as 'paper orphans'. Reports since this time have determined that residential care centres have turned to orphanage tourism as a way to attract more donors and that almost all centres are funded by overseas donors in some developing nations. This presentation explores the demand for the trafficking of paper orphans. It asserts that the rise in popularity of orphanage tourism, a form of voluntourism where tourists either volunteer in orphanages for short or long term periods, or where tourists visit orphanages for less than a day as part of a tourist experience, but do not volunteer, has led to an increase in the number of children being raised in orphanages. While there is evidence linking orphanage tourism to the placement and maintenance of children in orphanages, there is no previous research linking orphanage tourism as a demand driver of child trafficking. This presentation provides a comprehensive account of the links between orphanage tourism, child trafficking and the creation of paper orphans. Ultimately, the presentation argues that orphanage tourism creates a demand for the trafficking of children into orphanages.
humantrafficking.unl.edu
Podsoc #72 05.11.2014
From orphanhood to trafficked:
In conversation with Kate van Doore
This podcast is a presentation given by Kate Van Doore at the Interdisciplinary Conference on Human Trafficking held on October 9-11 2014 at the University of Nebraska http://humantrafficking.unl.edu/. Kate van Doore talks about the convergence of trafficking, orphanages and ‘orphans’ and how orphanhood and tourism are essential to a new business model.
Talks by Kate van Doore
This Panel Discussion organised by Humanitarian Organization for Migration Emergencies (Home) at Columbia University in collaboration with the Better Care Network and the CPC Learning Network will take a look at the ethics of 'voluntourism', particularly international volunteering in "orphanages" and other residential care facilities for children.
“Orphanage volunteering” or “orphanage tourism” has become a popular activity for tourists, faith based organisations, education providers, young people on gap years, corporate and government employees who have specific corporate social responsibility policies encouraging volunteer work, and people generally seeking to ‘give back’ to developing nations. However, little attention has been paid to the harm that may be inflicted on children through such tourism or volunteering. A growing coalition of travel operators, education specialists, faith based organisations and child protection agencies have got together to highlight the evidence about the impact of such practices on children, as well as their families and communities. The panel discussion will address the following question: 'Does volunteering in orphanages does more harm than good'?
Discussants are:
- Eric Hartman, Assistant Professor in the Staley School of Leadership Studies at Kansas State University and Editor & Co-Founder, globalsl.org
- Kate van Doore, Undergraduate and Postgraduate Programs Convenor at Griffith Law School at Griffith University in Australia, who has written widely on child sex tourism, trafficking, and voluntourism;
- Florence Martin, Director of The Better Care Network and co-chair of "The Better Volunteering, Better Care Initiative".
https://www.mailman.columbia.edu/public-health-now/events/ethics-voluntourism
http://www.bettercarenetwork.org/news-updates/events/the-ethics-of-voluntourism-does-volunteering-in-orphanages-do-more-harm-than-good
The number of orphanages in developing nations has dramatically increased in the past decade. But where are the children coming from? A group of Australian NGOs has formed an alliance to raise awareness about the unsavoury industry of so-called 'paper orphans', which sees children taken from families to fill orphanages and attract foreign money.
Fronek, P. (Host). (2013, March 28). Forget me not: In conversation with Kate Van Doore [Episode 48]. Podsocs. Podcast retrieved Month Day, Year, from http://www.podsocs.com/podcast/forget-me-not/.
and migration is clearly delineated in the context of South-East Asia
due to the proximity of countries and relative ease of access across the
region. This ease of access has led to well-established migration flows, or
routes, leaving the region split between source countries and destination
countries. It is well documented that migration occurs intra-regionally
from less developed countries to more developed countries, and that a
substantial number of children are making this move.1 Based on this,
this chapter examines how the best interests principle embodied in the
Convention on the Rights of the Child intersects with the issue of child
migration and trafficking in the Association of South East Asian Nations
(ASEAN) region.
Through this contrasting examination in domestic and regional contexts,
the chapter draws a conclusion regarding how the law may navigate
the best interests of the child paradigm in relation to child migration and
trafficking in South-East Asia.
➢ Provide a rationale for developing a holistic multi-tiered strategy to
combatting Australia’s role in the orphanage trafficking business model;
➢ Ensure Australia’s response to orphanage trafficking is consistent with
Australia’s State party obligations to the intersecting international treaties
including the UN Convention on the Rights of the Child, Optional Protocol on
the Sale of Children, Child Prostitution and Child Pornography, Convention
against Transnational Crime and the Protocol to Prevent, Suppress and
Punish Trafficking in Persons, especially Women and Children; and
➢ Outline an approach to divestment that prioritises children’s rights whilst
simultaneously recognising and redirecting the goodwill of the Australian
people towards better practices in volunteering and the support of children
overseas.
Submission published online here: https://www.aph.gov.au/Parliamentary_Business/Committees/Joint/Foreign_Affairs_Defence_and_Trade/ModernSlavery/Submissions
https://compact.org/resource-posts/does-volunteering-in-an-orphanage-create-a-demand-for-child-trafficking/
https://app.secure.griffith.edu.au/news/2017/03/03/how-does-volunteering-in-an-orphanage-encourage-modern-slavery/
There are an estimated eight million children residing in orphanages, or residential care facilities, globally and it is estimated that four out of five of these children are not orphans. It is well documented that many of these children are taken from their families by recruiters and sold into orphanages for the purpose of profit. These children are known as 'paper orphans'. There is no formal legal academic research available on how international law regards this displacement from family and construction as an orphan. This article provides a legal account of the movement of the children from the family to the orphanage, and considers whether this movement can be categorised as child trafficking under international law. The major point of contention as to whether paper orphans are considered trafficked is whether they experience a form of exploitation that is included in the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children. This article examines the forms of exploitation that have been documented as being experienced by paper orphans and argues that the process of paper orphaning meets the current interpretation of the definition of trafficking.
NB This is a pre-peer reviewed version of this paper as submitted to the International Journal of Children's Rights. For the full published version, please see: International Journal of Children's Rights, Volume 24, Issue 2, 2016, pp378-407
In 2009, Save the Children reported that internationally four out of five children in orphanages were not orphans and noted that some poor families were coerced into giving up their children in exchange for money by unscrupulous institutions and adoption agencies hoping to profit from either the residence or trafficking of children. These children are known as 'paper orphans'. Reports since this time have determined that residential care centres have turned to orphanage tourism as a way to attract more donors and that almost all centres are funded by overseas donors in some developing nations. This presentation explores the demand for the trafficking of paper orphans. It asserts that the rise in popularity of orphanage tourism, a form of voluntourism where tourists either volunteer in orphanages for short or long term periods, or where tourists visit orphanages for less than a day as part of a tourist experience, but do not volunteer, has led to an increase in the number of children being raised in orphanages. While there is evidence linking orphanage tourism to the placement and maintenance of children in orphanages, there is no previous research linking orphanage tourism as a demand driver of child trafficking. This presentation provides a comprehensive account of the links between orphanage tourism, child trafficking and the creation of paper orphans. Ultimately, the presentation argues that orphanage tourism creates a demand for the trafficking of children into orphanages.
humantrafficking.unl.edu
Podsoc #72 05.11.2014
From orphanhood to trafficked:
In conversation with Kate van Doore
This podcast is a presentation given by Kate Van Doore at the Interdisciplinary Conference on Human Trafficking held on October 9-11 2014 at the University of Nebraska http://humantrafficking.unl.edu/. Kate van Doore talks about the convergence of trafficking, orphanages and ‘orphans’ and how orphanhood and tourism are essential to a new business model.
This Panel Discussion organised by Humanitarian Organization for Migration Emergencies (Home) at Columbia University in collaboration with the Better Care Network and the CPC Learning Network will take a look at the ethics of 'voluntourism', particularly international volunteering in "orphanages" and other residential care facilities for children.
“Orphanage volunteering” or “orphanage tourism” has become a popular activity for tourists, faith based organisations, education providers, young people on gap years, corporate and government employees who have specific corporate social responsibility policies encouraging volunteer work, and people generally seeking to ‘give back’ to developing nations. However, little attention has been paid to the harm that may be inflicted on children through such tourism or volunteering. A growing coalition of travel operators, education specialists, faith based organisations and child protection agencies have got together to highlight the evidence about the impact of such practices on children, as well as their families and communities. The panel discussion will address the following question: 'Does volunteering in orphanages does more harm than good'?
Discussants are:
- Eric Hartman, Assistant Professor in the Staley School of Leadership Studies at Kansas State University and Editor & Co-Founder, globalsl.org
- Kate van Doore, Undergraduate and Postgraduate Programs Convenor at Griffith Law School at Griffith University in Australia, who has written widely on child sex tourism, trafficking, and voluntourism;
- Florence Martin, Director of The Better Care Network and co-chair of "The Better Volunteering, Better Care Initiative".
https://www.mailman.columbia.edu/public-health-now/events/ethics-voluntourism
http://www.bettercarenetwork.org/news-updates/events/the-ethics-of-voluntourism-does-volunteering-in-orphanages-do-more-harm-than-good
The number of orphanages in developing nations has dramatically increased in the past decade. But where are the children coming from? A group of Australian NGOs has formed an alliance to raise awareness about the unsavoury industry of so-called 'paper orphans', which sees children taken from families to fill orphanages and attract foreign money.
Fronek, P. (Host). (2013, March 28). Forget me not: In conversation with Kate Van Doore [Episode 48]. Podsocs. Podcast retrieved Month Day, Year, from http://www.podsocs.com/podcast/forget-me-not/.