Narratives of commercial gestational surrogacy (CGS) as ‘baby-selling’ often conflate or interchange the transfer of children born via surrogacy with trafficking in children or the sale of children, two sometimes overlapping but nonetheless distinct offenses. Moreover, anti-trafficking laws have been used to police cross border CGS. But when do CGS arrangements fall within the category of legitimate ‘reproductive tourism’ and when do they amount to child trafficking? In this paper I critically explore intersections between human trafficking laws and CGS, vis-à-vis the child, charting the relevant trafficking laws in the context of international surrogacy, and analysing whether trafficking laws are an appropriate mechanism through which to regulate CGS. I conclude that while child trafficking might occur via surrogacy, CGS in itself is not child trafficking under international law.
It has been said that modern slavery is hidden, but often in plain sight. Hand car washes are a good example of this and have been a particular area of focus. In recent years, the sector has become common in our high streets and communities, but loc...Read More
Although the government of Uzbekistan has made progress on ending child and adult forced labour in the cotton fields after more than a decade of international pressure, a new report finds that forced labour remains rampant in other arenas of Uzbek l...Read More
The present report of the Special Rapporteur on contemporary forms of slavery, including its causes and consequences, Tomoya Obokata, is submitted pursuant to Human Rights Council resolution 42/10. The report is focused on contemporary forms of ...Read More
In Cambodia, the COVID-19 pandemic has resulted in widespread job suspensions and losses, and substantial reductions of income for workers and their families. By June 2020, as many as 234 factories in the manufacturing sectors (garment, footwear and...Read More
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