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.
Cash transfers are used as a tool to empower and protect vulnerable individuals, households, and other groups from shocks and to mitigate vulnerabilities, such as low and variable income. These transfers can also be used to encourage positive change...Read More
This paper reflects on the implications of the Coronavirus (COVID-19) pandemic on modern slavery risks in supply chains. We first reason that the global supply and demand shock resulting from COVID-19 exacerbates workers’ vulnerability to modern s...Read More
Is this guide for you? This guide is for you if you are any of the following: You are an existing employer in Malaysia of one or more local or migrant worker. You will learn the definitions, concepts and national laws and policies related to f...Read More
The UN Guiding Principles on Business on Human Rights (UNGPs) provide a principled and pragmatic framework to address situations in which the most serious risks to people are inherent to the business models of technology companies. They offer a set ...Read More
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