Download this summary here

NAURU

Title:
In re Lorna Gleeson

Court:
Supreme Court of Nauru

Date:
December 15, 2006

CRC Provisions:
Convention on the Rights of the Child (General reference)

Domestic Provisions:
Constitution of Nauru (Article 3: respect for private and family life)
Adoption of Children Ordinance 1965 (Nauru) (the "ACO")

Case Summary:
Background:
Mrs. Gleeson, a Nauruan citizen with a foreign national husband, sought to adopt a Nauruan child. The adoption was not granted because the Adoption of Children Ordinance prevented an adoption order from being made where the applicant's spouse was not a Nauruan citizen.

Issue and resolution:
Adoption. The Supreme Court concluded that the portion of the Adoption of Children Ordinance requiring the adoption applicant's spouse to be a citizen of Nauru should not apply in this case.

Court reasoning:
The adoption would be in the best interests of the child. To deny the adoption on the basis that Mrs. Gleeson's spouse is not a citizen of Nauru would not be in the best interests of the child, and would be inconsistent with Article 3 of the Constitution of Nauru, which protects the right of the individual to respect for 'his private and family life', and contrary to the spirit of the CRC.

Excerpts citing CRC and other relevant human rights instruments:
I am told that Nauru is a signatory to the Convention [on the Rights of the Child]. Whether it has become part of the domestic law of Nauru is a moot point. Whether it is or is not part of our domestic law, I feel able to take the Convention [on the Rights of the Child] into account in considering the cases stated….

I answer the question by the Family Court:

'The interpretation by the Family Court of Section 9 of the Adoption of Children Ordinance 1965 was wrong because that section is inconsistent with Article 3 of the Constitution of Nauru and is contrary to the spirit of the United Nations Convention on the Rights of the Child.'

CRIN Comments:
CRIN believes this decision is consistent with the CRC in that the best interests of the child should be a primary consideration in all proceedings concerning them. As recognised by the Court and Article 21 of the Convention, this is especially important in adoption proceedings.

Citation:
In re Lorna Gleeson [2006] NRSC 8; Miscellaneous Cause No 4 of 2006 (15 December 2006).

Link to Full Judgment:
http://www.paclii.org/nr/cases/NRSC/2006/8.html

This case summary is provided by the Child Rights International Network for educational and informational purposes only and should not be construed as legal advice.