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 Framework for Action is a technical assistance tool that aims to assist United Nations Member States in the effective implementation of the United Nations Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Chil...Read More
This report presents a summary of findings from two case studies conducted in Burma on the intersection of labor, environmental, and social risk in the cultivation of bananas and informal logging in northern Burma. These case studies were conducted ...Read More
On November 15, 2000, the United Nations adopted the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children (Palermo Protocol). Twenty years later, with 178 state parties, the Palermo Protocol has reached almo...Read More
This briefing builds on the understanding that labour exploitation is part of a spectrum ranging from labour compliance through to labour law violations, culminating at extreme exploitation in the form of forced labour. Research by FLEX and others s...Read More
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