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.
Executive Summary The risk of forced labour is pervasive across today’s food and beverage supply chains: from tea pickers on tea estates to crew members on fishing vessels and labourers on cattle and poultry ranches, cocoa farms, and rice mills. ...Read More
The rapid growth of digital technology has revolutionized our lives, transforming the way we connect and communicate. Internet access, mobile devices and social media are now ubiquitous, especially among children. Of the 4.5 billion people with acce...Read More
For the first time, comprehensive data is available for human trafficking and high risk migration routes relating to Kenya. The data identifies 38 countries as origin, transit and destination locations for abuse of victims - including eight countrie...Read More
The year 2021 marked another discouraging year in terms of remedy for complaints by communities and civil society under the OECD Guidelines for Multinational Enterprises (Guidelines). Only 2 of the 22 cases concluded in 2021 by National Contact Poin...Read More
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