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 U.S. Department of Labor has prepared the 2021 Findings on the Worst Forms of Child Labor in accordance with the Trade and Development Act of 2000 (TDA). (1) The TDA set forth the requirement that a country must implement its commitments to elim...Read More
The G20 ministers committed to taking action to improve occupational safety and health through the country-level and collective measures, taking into account each country’s national context, including by promoting responsible business practices and...Read More
The Shiva Foundation proposes that business, government, and civil society organizations look beyond modern slavery when trying to assess the prevalence of labour exploitation in the UK. They suggest a few metrics that might help track labour exploi...Read More
This report centers on partnership and trust with businesses as well as workers. To help get businesses on an ethical recruitment track, Issara's report brings employers and recruitment agencies together to identify strengths and weaknesses of their...Read More
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