Will Russia abolish Dima Yakovlev's law?
Possible abolition of Dima Yakovlev Law, banning adoption of Russian children by Americans, is discussed in Russia. It could be done in exchange for lifting the U.S. sanctions against Russia, including the “Magnitsky List.”
On January 17, the European Court of Human Rights (ECHR) recognized as illegitimate a ban on adoption of the Russian children by the USA nationals, stipulated by Dima Yakovlev’s Law. The Court sustained a suit of the U.S. 45 nationals who were not allowed to adopt children in Russia despite that they had already started the adoption procedure. Under the Court verdict, Russia has to reimburse a moral damage and pay the total of €75 000 and litigation costs amounting to €13,6 000.
Mikhail Fedotov, the Chairman of the Human Rights Council at the Russian President, said he supported the ECHR ruling. “I think if the American side manifests a good will, there will be the opportunity to improve considerably relations between our countries. Both American and Russian legislative acts might be reviewed in the framework of such improvement,” Fedotov told “Interfax.”
According to him, the fact that the so called Dima Yakovlev Law was a response to Magnitsky List, passed by the U.S. Congress, must be taken into consideration. It is clear that the orphans must not have any attitude to these foreign political acts,” Fedotov explained.
Tatyana Moskalkova, the Russia’s Commissioner for Human Rights, said that the ECHR rule on that case was “very balanced.” Valentina Matviyenko, the Federation Council Speaker, also supported a possible abolition of the law. According to her, the Russian lawmakers have no goal in itself to “maintain the law” and they are ready for a dialogue with the USA.
As Kirill Martynov, the Novaya Gazeta political editor noted, “in the political language it meant that the Russian authorities in Matviyenko’s name offer Trump’s Administration to make a deal.”
The Law on Sanctions for Individuals Violating Fundamental Human Rights and Freedoms of the Citizens of the Russian Federation was passed in December 2012. It was named after Dima Yakovlev, a Russian child, who had been adopted by the American couple. Hediedin 2008 asaresultofhisfoster-father’sn egligence. The law banned adoption of Russian children by American nationals. It was a response to Magnitsky Act, which was passed by the U.S. Congress in December 2012, imposing individual sanctions against persons, responsible for human rights violation in Russia.