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.
The COVID-19 pandemic has required States to implement exceptional measures to curb the spread of the virus and to protect public health. While border restrictions or closure may be justified, exceptions are needed to safeguard basic rights, includi...Read More
At present, human rights disclosure among top-listed companies in ASEAN falls substantially short of the benchmark set by the UNGPs. The lagging human rights disclosure in ASEAN reflects a lack of specific guidelines and oversight from national and ...Read More
This booklet presents an introduction to the International Labour Organization (ILO) Indicators of Forced Labour. These indicators are intended to help “front-line” criminal law enforcement officials, labour inspectors, trade union officers, NGO...Read More
A LOT CAN CHANGE IN A DECADE. FOR BETTER, AND FOR WORSE. Ten years ago, in the early hours of April 24, 2013, a garment factory in Dhaka, Bangladesh, crumbled. Within its walls were thousands of workers, many of whom never returned home to their ...Read More
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