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.
There is no procedure for the identification of victims of human trafficking which is independent of the criminal investigation. GRETA urges the Czech authorities to disconnect the identification of victims of human trafficking from the initiation o...Read More
In 2016, there were an estimated 40.3 million victims of modern slavery in the world, more than were enslaved during the Transatlantic Slave Trade. Since the adoption of the 2000 UN Trafficking Protocol, numerous efforts from inter-governmental a...Read More
Over the past decade, due diligence programmes (DDP) have been developed in the Great Lakes Region to trace the origins of minerals, certify minerals as conflict-free and to improve mining communities’ livelihoods while reducing human rights abuse...Read More
Doing business in occupied territories carries with it risks, dilemmas and potential liabilities for companies. The sources of information available to companies to address these risks are limited. This briefing is intended to provide companies with...Read More
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