The UN 3rd Committee's communication first addressed the issue of surrogacy. In the published resolution, its members warned against ‘substitution’, indicating that it is part of human trafficking.
According to Julia Book, the mention to the US's surrogacy is simply a ‘notable step’. However, as the analyst of the Ordo Iuris Institute pointed out, the resolution refers only to the "exploitative commercial" surrogacy.
This problem is dealt with by 16 points of the document. It states that "exploitative commercial surrogacy" is simply a origin and origin for expanding trafficking in human beings and calls on governments to tackle its causes.
The UN resolution calls on governments to take decisive action to combat trafficking in human beings. This includes both the introduction of applicable government and educational campaigns and global cooperation. Article 16 of the resolution stresses that trafficking in human beings in all its forms is driven by systemic factors specified as poverty, "sex inequality" and negative social standards. These conditions, according to the authors of the resolution, make an environment where women are peculiarly susceptible to exploitation.
Focusing on “exploitative” surrogacy, the paper stresses that trafficking in human beings is not limited to conventional forms specified as forced labour or prostitution – it besides exists in practices standardized by modern society. The constant request for surrogacy, driven by wealthy people and facilitated by weak or non-existent legislation, maintains this operation.
Various positions have emerged during the debate on the motion for a resolution. any delegates expressed concerns about the function of the global Criminal Court, considering it as an unrecognized and polarized institution. They stressed his alleged inability to lead an independent and impartial justice system. States which are not parties to the Rome Statute opposed the references to the Court in the resolution. However, another delegates protested against attempts to remove references to the Court, stressing that its function in the fight against global crime is crucial and that its mention in the resolution is justified. They pointed out that the mention to the Court had been present in the resolution since 2012 and was part of the consensus.
The delegation of the Holy See thanked the delegation of the Philippines for presenting the motion for a resolution. The Vatican representation stressed that "the continued renewal of our commitment to preventing and combating the scourge of trafficking in women and girls is highly important." The Holy Father's delegation was besides pleased with the fact that the text first considered that trafficking in women and girls could be done for forced labour, recruiting children, prostitution or surrogacy. However, with respect to the subject of surrogacy, the Holy See envoys stressed their disappointment that the final version of the text maintained the unnecessary reservation of "exploitable commercial surrogacy", stressing that the surrogacy always involves commercial interests and is always operational.
According to UN research, in 2020, for all 10 victims of human trafficking detected worldwide, 4 are adult women and 2 are girls. The analysis of court cases shows that female victims are subjected to physical or utmost force at the hands of human traffickers 3 times more than men.
In turn, according to the study "Global Surrogacy marketplace Size, Share, Growth Analysis, By Type, By Technology – manufacture Forecast 2023 – 2030", the global marketplace for alleged surrogate motherhood is increasing rapidly with expanding rates of advancement in assisted reproductive technologies, changing social standards, expanding infertility problems and expanding acceptance of non-traditional household structures.
Ordo Iuris/work. FA