implications of child abduction for human rights and child welfare systems

366 Pages·2017·1.96 MB·English

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Theses and Dissertations Graduate School
2013
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Carmen Monico
Virginia Commonwealth University
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IMPLICATIONS OF CHILD ABDUCTION FOR HUMAN RIGHTS
AND CHILD WELFARE SYSTEMS:
A CONSTRUCTIVIST INQUIRY OF THE LIVED EXPERIENCE OF
GUATEMALAN MOTHERS PUBLICALLY REPORTING CHILD ABDUCTION
FOR INTERCOUNTRY ADOPTION

A Dissertation submitted in partial fulfillment of the requirements for the degree of Doctor of
Philosophy at Virginia Commonwealth University.
By
CARMEN C. MÓNICO
Bachelor of Science, University of Maryland University College, 1997
Master of Science, American University, 2001
Master in Social Work, Virginia Commonwealth University, 2011

Director: Humberto Fabelo, Ph.D., L.C. S.W.
Associate Dean for Academic and Student Affairs and Associate Professor
School of Social Work
Virginia Commonwealth University
April 25, 2013
© Carmen C. Mónico 2013
______________________________

All Rights Reserved
i
Acknowledgements
“It takes a village to raise a child,” says the old African proverb. While completing this
dissertation paper, I realized that apparently, it “takes a village” to complete a dissertation project
also. This dissertation work would have not been possible without the research participants. I
would like to thank these mothers who reported their children abducted in Guatemala, and whose
voices are missing in the literature. To them, I am most grateful, for sharing their pains as well as
their joys during the intensive interview process and the review of the findings of this research.
To them, I dedicate this dissertation work and whatever I do with it afterwards.
This dissertation was also possible thanks to the dedication and patience of many
Guatemalan collaborators. I would like to thank teh Fundación Sobrevivientes, its Director,
Norma Cruz, a “woman of courage,” and all of the staff members from the lawyers, social
workers, and psychologist, to the receptionists and the security staff, all of whom provide critical
services to women suffering violence in Guatemala. My deepest gratitude to my two Guatemalan
cultural consultants, who opted to remain anonymous, and to the director and staff of the
Women’s Institute of the University of San Carlos of Guatemala, all of whom played a critical
role in the various research stages, ensuring that the research work would be more culturally and
ethnically appropriate and that a gender perspective would be considered throughout.
My special thanks to my former Chair Karen Rotabi, Ph.D., who inspired me to focus on
this issue and guided me every step of the way; to my methodologist Mary Katherine O’Connor,
Ph.D., who showed me the true generosity of scholarship with her time, energy, and commitment
to constructivist research; to my mentor Judith Gibbons, Ph.D., for her invaluable knowledge of
cross-cultural research, especially in Guatemala; and to my peer reviewer Justin Lee, Ph.D. who
selflessly shared his expertise during the interview process and data interpretation. I am most
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appreciative to my current Chair, Humberto Fabelo, Ph.D., and my external member, Rosalie A.
Corona, Ph.D., both of whom contributed timely insights from their own experience of
conducting international, bilingual research. I am also grateful to my translation reviewer,
Jennifer Casolo, Ph.D. who dedicated many hours reviewing the translation of research materials
from Spanish to English and the corresponding back translations. Special thanks to my research
assistant Afton Bradley, and my editors, Jennie Vaughn and Maya Porter, who supported me at
different stages of the dissertation process. My gratitude to the instructors and mentors, Dr. Mary
Secret, Dr. Pamela Kovacs and Dr. Monica Leisey, who inspired me in multiple forms.
I would like to give special thanks to those who provided me with financial support and
encouragement. From the Council of Social Work Education (CSWE)’s Minority Fellowship
Program (MFP), I would like to express my gratitude to Jenny Jones, Ph.D., and Geraldine L.
Meeks, Ph.D., who introduced me to the MFP and mentored me while I was a Minority Fellow
in 2009–2011. From the Rotary Foundation (RF) and Rotary International (RI), I would like to
thank Jim Bynum, District Governor 2011–2012 (sponsoring district); Karin Jimenez,
Scholarship Coordinator, James River Rotary Club (sponsoring Club); Bob Preston, past District
Governor and past Rotary Foundation Chair; and William Pollard, District Rotary Foundation
Committee Chair 2010–13 and Past District Governor 2008–09, all of whom guided me and
cheered me up to serve as an Ambassadorial Research Scholar in 2011–2012.
Finally, thank you to my family and friends, especially Maria Diaz, Karla Parker,
Benjamin Davis, Priscilla Witwer, Alcira Aldaña, Marco del Fuego, and Hugo Bonilla, who
supported me in multiple forms in this process. I am offering this work to them, and to the larger
community and future generations, as an example of an international research done with a noble
inspiration and the appropriate technical, financial, and emotional support.
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Table of Contents
List of Figures xiv
List of Appendices xv
Abstract xvi
Chapter 1: Introduction 1
Historical Context and Problem Statement 7
International Adoption: Global Trends and Dynamics 7
Child Abduction and the Hague Convention 10
Intercountry Adoption and the Abduction and Sale of Children in Guatemala 11
Theoretical Underpinnings 15
Definitional Introduction 15
Paradigmatic Framework 16
Theoretical Background 17
Constructivism and Constructivist Paradigm 20
Significance of the Study 23
Relevance to Social Work 26
Value of Social Justice 26
Value of Worth and Dignity of People and Human Rights 27
Other Social Work Values 28
Chapter 2: Preliminary Literature Review Informing the Research Design 30
Historical Evolution of International Adoption 31
Post War World II 31
End of the Korea and Vietnam Wars 31
iv
Civil Wars and Economic Instability in Latin America 33
End of the Cold War 36
China’s One-Child Family Policy 38
Rapid Globalization of Intercountry Adoption and the Guatemala Case 39
Era of Major Intercountry Adoption Reforms 42
Loopholes in Intercountry Adoption Standards and the Africa Case 44
Perspectives on the Evolution and Trends of Intercountry Adoption 47
Ethical and Human Rights Perspectives 48
Definition of values-driven positions 48
“Rescue of orphans” versus child abduction in emergency situations 50
Transracial and intercountry adoptions 53
Social and economic justice concerns 55
Ecological, Feminist, and Cultural Perspectives 59
Ecological Framework 59
Feminist-Cultural Perspectives 60
Considerations on Social Policy and Child Welfare 63
Approaches to social policy 63
Issues in child welfare practice 65
The Hague Convention on Intercountry Adoption as a Policy Context 67
Origins and Mandates of the HCIA 67
Best interest of the child 68
Principle of subsidiarity 71
Prevention of child abduction, sale, and trafficking 72
v
Determination of adoptability 74
Informed consent and ethical agency practices 75
Cross-country cooperation and global technical assistance 75
Trends in the Implementation of the HCIA Globally and in Guatemala 76
Child Abduction 78
History of Child Removal and Abduction in the United States 79
Child abduction in the early colonies 79
The “orphan trains” and “child saving” movement 79
“Orphan abduction” in Arizona 80
Social Constructions of the International History of Adoption 81
National Child 81
Hybrid Child 82
Missing Child 82
Child Abduction for Intercountry Adoption 83
Child Abduction in the HCIA 83
Child Trafficking as What Follows Child Abduction 85
Child Abduction in Guatemala 86
Experiences of Birth Mothers 88
Experience of Child Relinquishment 88
A Special Type of Loss: Ambiguous Loss 90
Search and Reunion and Grief Resolution 92
Experience of Guatemalan Birth Mothers and Their Families 93
Emerging Themes from the Participants’ Experience:
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Oppression, Adaptation, and Resilience 95
Implications for Research Design: Working Hypotheses 98
Working Definition of Child Abduction 98
Other Working Hypotheses about Child Abduction 100
Research Question 102
Chapter 3: Methodology 103
Planning the Research 103
Phases of the Constructivist Research 103
Emerging Design and Prior Ethnography 103
Stakeholders in the Research Process 107
The Gatekeeper Organization 108
Experts Involved in Research Rigor 108
Constructivist Inquiry: Research Design 113
Case Sampling 113
Dimensions of Analysis 115
Hermeneutic Dialectic Process and Negotiated Outcomes 116
Data Management 118
Multiple Data Sources 118
Multiple Interviews 119
Data Collection and Data Analysis 120
Data Interpretation and Saturation 122
Reporting 124
Research Report 124
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Member Checking 125
Gatekeepers and Expert Consultations 128
Rigor in Qualitative Research 128
Trustworthiness 129
Credibility 129
Dependability 130
Confirmability 131
Transferability 131
Authenticity 132
Prolonged Engagement 134
Data Triangulation 135
Member Checking 136
Peer Debriefing 136
Gatekeeper and Expert Consultations 137
Systematic Journaling and Recordkeeping 137
Language and Cultural Considerations in Conducting the Research 138
Risk to Human Subjects 142
Considerations Concerning Vulnerable Populations and International Research 142
Chapter 4: Case Study 145
Introduction 145
Reader’s Guide 146
The Emergence of the Case Study 146