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.
Following a roadmap and public consultation and several postponements, the European Commission published a draft Directive on Corporate Sustainability Due Diligence on 23 February 2022. The Draft Directive will now be negotiated within the Europea...Read More
The present report sets out recommended action to improve accountability and access to remedy for victims of business-related human rights abuses through non-Statebased grievance mechanisms. It has been compiled as part of the Accountability and Rem...Read More
In 2022 Porticus launched a pilot learning year to support the development of a new global programme, Transforming migration parameters through movement building and lived-experience leadership’ (hereafter MOVE) within the People on the Move Portf...Read More
Thailand is one of the world’s largest fishery exporters. It is the leading exporter of canned tuna and one of the world’s top exporter of frozen shrimps. This multi-billion-dollar seafood industry has come under the international spotlight...Read More
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