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.
Written by Mohamed Daghar. In September 2014 Kenya banned the exportation of labour to the Middle East because workers were being trafficked by criminal networks offering them jobs. This policy brief focuses on the criminals who continue to driv...Read More
This publication documents the process of foreign recruitment in case-study migration corridors across different regions. The result of the research brings to the fore the abuse of migrant workers by recruiters and seeks to contribute to broadening...Read More
Annual Report of the Special Rapporteur on contemporary forms of slavery, including its causes and consequences Each year the Special Rapporteur on contemporary forms of slavery, its causes and consequences is requested by the Human Rights Counci...Read More
Globally, it is estimated that there are over 40 million men, women and children in modern slavery today. Two thirds of these victims are in Asia. These victims, who can be found in factories, construction sites, fisheries and sex venues, are forced...Read More
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