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 coronavirus pandemic and resulting government actions to stem the spread of the virus have severely changed the way people across the world work and live. For Jordan’s garment sector, the national curfew and shutdown of business activity force...Read More
The shift of economic production from higher labour standard regimes in the global North to lower standard regimes in the South is undermining enforcement of global labour standards. Responding to criticisms from the ‘anti-sweatshop’ movement, c...Read More
Thailand has a long history of labour migration, initially as a country of origin, and more recently as a destination country. Today, Thailand is host to the largest number of migrant workers of all ASEAN member states, with approximately 2.8 millio...Read More
This report is the second of three working papers exploring the experiences and drivers of labour abuse and exploitation in three understudied low-paid sectors of the economy: cleaning, hospitality and the app-based courier sector. It highlights k...Read More
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