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 purpose of the paper is to examine the relationship between recruitment fees and other abusive and fraudulent practices of recruitment agencies and trafficking in persons, with a particular focus on criminal justice measures to address this relat...Read More
This paper focuses on the specifics of labour exploitation, particularly the identification, prevention and prosecution of offenders with the final goal of preventing trafficking and bringing justice for victims. The text is based on the 3rd and 5th...Read More
Edited by Julia O’Connell Davidson and Neil Howard. This is the fifth volume of the series Beyond Trafficking and Slavery Short Course. Mobility is and always has been an essential part of humanity’s economic, social, cultural and politi...Read More
The Committee on Workers’ Capital (CWC) Guidelines for the Evaluation of Workers’ Human Rights and Labour Standards are a comprehensive set of key performance indicators for investors to evaluate companies’ social performance. They were develop...Read More
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