It is a double violation that the government will deny adoptees full access to their own files.
Right now, key documents about international adoptions are about to be transferred to the National Archives, where access to the documents will be limited. This deprives adoptees of the right to full insight into their own cases.
This is a debate post. The post expresses the writer's own opinion.
In November 2023, the government launched a historical study to uncover the area of adoption.
But the investigation will neither conclude whether the adoptions were illegal, nor reveal whether lack of supervision and knowledge on the Danish side has led to violations of Danish adoption law and the human rights of Danish citizens.
The latest revelations from India, as shown in DR's " The Great Adoption Theft ", and Lebanon from the podcast " Falske minder " have documented, among other things, that Danish supervisory authorities and adoption agencies have approved adoptions that were illegal. They have participated in this, knowing full well that the mediation cooperation with the sending countries was problematic and illegal. In addition, inquiries from biological parents have also been ignored.
Recently, Minister of Social Affairs Sophie Hæstorp Andersen (S) announced that she will enter into dialogue with the opposition about expanding the planned investigation. Is she still willing to launch an impartial legal investigation that uncovers the extent of the Danish authorities' failures that have led to illegal adoptions and human rights violations?
At the time of writing, there are ten compensation cases from adoptees who have had their human rights violated as a result of the Danish state's failure. The partial conclusion from the Truth Commission in South Korea also indicates that Denmark and Danish adoption agencies have not complied with their duty of supervision and thus human rights.
National Archives documents reveal illegal adoptions
Can the Minister of Social Affairs deny that the Danish Social Appeals Board sought access to key documents from the National Archives in preparing its latest report on adoption mediation from South Korea to Denmark in the 1970s and 1980s, including documents that showed that Danish authorities during the given period approved adoptions that directly violated Danish adoption law?
The authorities' investigation of the area is taking place while a compensation case from eight South Korean adoptees is ongoing - adopted during the same period. The National Archives, for example, turns out to hold key documents that reveal active Danish involvement in illegal adoptions from Lebanon.
Danish International Adoption's archives are about to be transferred to the National Archives as a private archive . This means that adoptees will no longer be able to have full access to their case. If the archive material becomes private, it also means that the various authorities, as well as DIA, can choose which documents they withhold from being transferred to the National Archives and which are thus made inaccessible.
These documents may contain key information about sibling relationships, inquiries from biological parents, etc., which is crucial for being able to file a lawsuit against the state.
Adoptees have the right to know the truth
The withholding of key documents is thus yet another violation of the adoptees' human rights – the right to know the truth . So why does the Ministry of Social Affairs allow the DIA archive to become private when DIA was accredited by the Danish state and was subject to oversight by the authorities?
Will the private archive be used to cover up any oversight failures and knowledge of illegalities in the mediation cooperation by Danish authorities and adoption agencies? And thereby potentially also cover up violations of Danish adoption law and violations of human rights? That's what it sounds like.
Adoptees risk losing their right to full access to records if the DIA archive becomes private in the National Archives. On top of this, there are reports that the Danish Social Appeals Board and DIA are currently collaborating to create a private knowledge bank that will withhold archive material from being transferred to the National Archives. This is deeply problematic if true. Therefore, it is urgent that we get an impartial legal investigation.
If DIA's archival material is kept privately in the National Archives, it also seriously restricts press freedom, as it prevents journalists from seeking access to the records. This has serious consequences for free, democratic discourse.
We must take action now as a society, democracy and a state governed by the rule of law and demand an impartial legal investigation that uncovers the extent of Danish government failure and violations of human rights, and places Danish government responsibility.