Dr Rainer Huhle on “Forced Separation – do we need a new legal category?”- Human Rights Colloquium

Rainer Huhle's presentation on Forced Separation

On 10 December 2025, CHREN hosted Dr. Rainer Huhle’s talk, chaired by Dr. Janina Heaphy, for a lively colloquium event exploring the profound and systematic nature of forced separation. The session situated the concept of forced separation within a broad historical and contemporary framework. Dr. Huhle characterized these practices as significant human rights violations with deep roots in German National Socialist policies during WWII, Latin American dictatorships, and colonial practices. By drawing urgent attention to contemporary contexts, such as the war in Ukraine and the complexities of migration, the discussion highlighted how forced separation continues to curtail the rights of families and impact the identity of children globally.

CHREN Human Rights Colloquium on “Forced Separation – do we need a new legal category?”, Image: FAU/Nathalie Schneider

Forced separation refers to the state-led or state-sanctioned removal of children from their parents or legal guardians, often as a tool of social engineering, political repression, or genocide. While it overlaps with the established legal category of “enforced disappearances,” it is increasingly recognized as a distinct phenomenon because the whereabouts of the child may be known (such as in forced adoption systems), yet the legal and emotional bond is severed. The discussion delved into the legal and sociological complexities of defining forced separation, particularly in instances where seemingly “voluntary” decisions are made under the weight of coercion or structural violence. For example, parents in extreme poverty or conflict zones may “consent” to child relocation programs that are presented as humanitarian aid but result in the permanent loss of family contact.

A central theme of the debate was the ethical tension between the “best interests of the child”—including the right to an established identity within adoptive families—and the rights of biological parents. These contributions invited further reflection on whether human rights law should evolve to recognize the “rights of relationships” rather than focusing solely on individual rights. While participants debated the necessity and use of new legal instruments or conventions to address existing gaps, they also critically analysed the limits of law in resolving deep moral dilemmas and the risks of political instrumentalization of such terminology. The event concluded with a call for ongoing interdisciplinary dialogue to refine legal frameworks and ensure that the principle of family integrity is protected against misuse.

About the speaker and chair

Dr Rainer Huhle holds a PhD in political science from the FAU. He spent most of his life outside the university, but joined the faculty of the Master Programe to teach, together with Laura Clérico, the course on Transitional Justice. Beyond the topics related to Enforced Disappearance, Transitional Justice, and the UN system for the protection of Human Rights his main research interests are the history of human rights, memories and memorialization of human rights crimes, and political and legal strategies of combating impunity. In this context he was a curator of the permanent exhibition on the Nuremberg Trials in the Palace of Nuremberg.

Rainer Huhle laughing
Speaker Dr Rainer Huhle, Image: FAU/Nathalie Schneider

Dr Janina Heaphy works as a senior researcher at the FAU Center for Human Rights (CHREN), where she researches and teaches foreign policy analysis, human rights, diplomacy, and security studies. Previously, Dr. Janina Heaphy examined the emergence of extraterritorial human rights protections in American, British, and German counterterrorism efforts and has since researched various accountability mechanisms as well as state strategies for avoiding said accountability in light of international norm violations. She is a co-editor of the Journal of Human Rights (zfmr). 

Photo of Dr. Janina Heaphy (Rainer Huhle in the background, Prof. Baranowska in the foreground)
Chair Dr Janina Heaphy, Image: FAU/Nathalie Schneider

About the FAU CHREN Human Rights Colloquium

Organized by the FAU Research Center for Human Rights Erlangen-Nürnberg (FAU CHREN), our inter- and transdisciplinary brings together scholars and practitioners to discuss current issues in human rights research and practice.

Colloquia are organised on a rolling basis and are co-convened by Dr. Janina Heaphy and Prof. Dr. Eva Pils. Events are invitation-only. Enquiries should be directed to the co-conveners and/or to humanrights@fau.de.

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