Reproductive Exploitation in the Amended EU Anti-Trafficking Directive

East Tower 

On April 23rd, 2024, the European Parliament adopted the revised EU Anti-Trafficking Directive, which included new forms of exploitation as trafficking offences. It entered into force on July 14th, 2024, and included the exploitation of surrogacy which was defined as "those who coerce or deceive women into action as surrogate mothers." This is the first time this form of exploitation has been included in anti-trafficking law.

Through analysis of parliamentary documents and debates, as well as non-governmental organisation submissions, I will examine how and why the exploitation of surrogacy came to be included in the amended Directive. And through analysis of first-hand accounts, I will argue for how its inclusion does not go far enough to address the range of forms of reproductive exploitation and violence experienced by women, girls, and individuals who can bear children. Narratives from lived experience reveal the extent to which the exploitation of people's reproductive labour is a key but largely under-identified component of human trafficking, often obscured within forms of forced marriage and sexual exploitation. While deeply connected, not all forms of reproductive violence and exploitation involve or occur within contexts of sexual violence and exploitation. I argue for the inclusion of the broader term of 'reproductive exploitation' as a form of human trafficking in anti-trafficking law and policy, encompassing, but not limited to forced surrogacy; forced pregnancy; forced childbearing; forced contraception; forced sterilisation; forced abortion; and forced egg removal/donation.