- 73 - C.2.d Subsidiarity of intercountry adoption 409 Statement made by Osmín Tobar Ramírez during the public hearing held before this Court. According to the CICIG report, “in Guatemala, frequently, intercountry adoption is not a means of obtaining a family for the vulnerable child, but rather has been a mechanism to obtain children for those requesting them.” CICIG, Report on irregular adoptions in Guatemala, p. 81 (evidence file, folio 3078). 410 Cf., inter alia, Committee on the Rights of the Child, Consideration of reports submitted by States parties under article 44 of the Convention. Concluding observations of the Committee on the Rights of the Child: Mexico, February 7, 1994, CRC/C/15/Add.13, para. 18, and Committee on the Rights of the Child, Consideration of reports submitted by States parties under article 44 of the Convention. Concluding observations: Bolivia, February 11, 2005, CRC/C/15/Add.256, para. 42. 411 The expert witness explained that a “child protection measure should never be decided on the grounds that it is the ‘last resort.’ The purpose of child protection systems is to determine which of the various available options responds best to the needs and respects the human rights of each child individually from a positive and constructive point of view. There is an important difference between, on the one hand, establishing the need to examine the possible national solutions for adequate care before considering cross-border solutions and, on the other, examining cross-border solutions from the perspective that they constitute a ‘last resort.’ If a child’s legal and psychosocial adoptability has been duly established, the responsibility of those in charge of decision-making should be to demonstrate that intercountry adoption is necessary to ensure ‘appropriate care’ for a child because no domestic alternative is considered ‘suitable’ (CRC, article 21.b). Consequently, the approach should be based on the requirement of, first, examining viable national solutions, and on the need to establish that the intercountry adoption not only constitutes the only identifiable measure to ensure the ‘appropriate care’ of the child, but also – and importantly – a positive move for the child in question.” Expert opinion of Nigel Cantwell provided by affidavit on May 5, 2017 (evidence file, folio 6958). 412 413 Expert opinion of Nigel Cantwell provided by affidavit on May 5, 2017 (evidence file, folio 6958).