Paedophile adoption: change in law needed
⬤
public
Paedophile adoption: change in law needed
Updated: 03 July 2008
A LEGAL loop-hole that could enable a paedophile to adopt a child in Portugal is being addressed by law makers.
The Attorney General of Portugal, Pinto Monteiro has assured the public that “to my knowledge it has not happened, although it could hypothetically happen in Portugal.”
It has been argued by many, including the Attorney General, that this ruling should not apply to paedophiles because of the risks it would pose to the safety of children, especially in cases of adoption.
It is widely agreed that a convicted paedophile should not be able to adopt, however it could be argued by others that it is currently unconstitutional that a paedophile should be treated differently to any other criminal after they have served their sentence.
If a paedophile was treated unconstitutionally then there would be potential for that person to begin legal proceedings, hence the need for a change in the law.
Vicky Rodrigues of Lisbon-based law firm Neville de Rougemont and Associados told The Resident: “In relation to treating paedophiles differently, this could be considered as unconstitutional under the Portuguese constitution. We believe this to be a matter of interpretation and personal opinion.”
Protection
The Portuguese Constitution states under Article 26 that “everyone is recognised as having the right to his or her personal identity…good name and reputation…the right to the protection of the privacy of his or her personal and family life.”
However, the Constitution also states under Article 36 that “Adoption shall be regulated and protected by the law, which shall ensure expeditious conduct of the procedure.”
Vicky Rodrigues said: “The Portuguese Constitutional Court is of the opinion that if the state has a fundamental reason to differentiate between treatments given to certain situations, then those situations can be treated differently.”
Luís Villas-Boas of Refugio Aboim Ascensão, the children’s refuge in Faro, said: “The law is currently being worked on to clarify this situation to ensure that this can never happen.
“It must be made clear that such a case of a paedophile adopting in Portugal has never happened.? Media reports saying this could happen have been around for months and are not helping the situation.”
Adoption in Portugal is handled by 19 adoption services who are “using the many other sources available to them to check prospective parents,” said Luis Villas-Boas.
“In my opinion, paedophiles should forever be banned from dealing with or relating to any children, even their own.? This is an eternal crime that is harmful to children’s rights and society as a whole.”
He added: “Everything is being done in Portugal to prevent paedophiles from being in contact with children.”
Do you have a view on this story? Email: editor@the-resident.com
A LEGAL loop-hole that could enable a paedophile to adopt a child in Portugal is being addressed by law makers.
The Attorney General of Portugal, Pinto Monteiro has assured the public that “to my knowledge it has not happened, although it could hypothetically happen in Portugal.”
It has been argued by many, including the Attorney General, that this ruling should not apply to paedophiles because of the risks it would pose to the safety of children, especially in cases of adoption.
It is widely agreed that a convicted paedophile should not be able to adopt, however it could be argued by others that it is currently unconstitutional that a paedophile should be treated differently to any other criminal after they have served their sentence.
If a paedophile was treated unconstitutionally then there would be potential for that person to begin legal proceedings, hence the need for a change in the law.
Vicky Rodrigues of Lisbon-based law firm Neville de Rougemont and Associados told The Resident: “In relation to treating paedophiles differently, this could be considered as unconstitutional under the Portuguese constitution. We believe this to be a matter of interpretation and personal opinion.”
Protection
The Portuguese Constitution states under Article 26 that “everyone is recognised as having the right to his or her personal identity…good name and reputation…the right to the protection of the privacy of his or her personal and family life.”
However, the Constitution also states under Article 36 that “Adoption shall be regulated and protected by the law, which shall ensure expeditious conduct of the procedure.”
Vicky Rodrigues said: “The Portuguese Constitutional Court is of the opinion that if the state has a fundamental reason to differentiate between treatments given to certain situations, then those situations can be treated differently.”
Luís Villas-Boas of Refugio Aboim Ascensão, the children’s refuge in Faro, said: “The law is currently being worked on to clarify this situation to ensure that this can never happen.
“It must be made clear that such a case of a paedophile adopting in Portugal has never happened.? Media reports saying this could happen have been around for months and are not helping the situation.”
Adoption in Portugal is handled by 19 adoption services who are “using the many other sources available to them to check prospective parents,” said Luis Villas-Boas.
“In my opinion, paedophiles should forever be banned from dealing with or relating to any children, even their own.? This is an eternal crime that is harmful to children’s rights and society as a whole.”
He added: “Everything is being done in Portugal to prevent paedophiles from being in contact with children.”
Do you have a view on this story? Email: editor@the-resident.com
2008 Jul 3