Archive for Gender

How U.S. Cities can Advance Abortion as a Human Right

Sexual and reproductive rights are foundational to gender equality. Access to abortion care is essential to the full realization of a person’s human rights. Indeed, international human rights mechanisms have had an impact on liberalizing national abortion laws by requiring that governments take affirmative action to ensure that women can access safe abortion care as part of fulfilling their obligations under human rights law. For instance, treaty monitoring bodies (TMBs) have consistently interpreted that safe abortion care is the application of several fundamental human rights guaranteed by international human rights law such as: the right to life; freedom from cruel, inhuman, and degrading treatment; liberty and security of the person; privacy; human dignity; health; and equality and non-discrimination.

Although abortion is legal in the United States, anti-choice groups and conservative lawmakers have been successful in restricting the right to an abortion. For example, the Hyde Amendment is legislation that for forty-two years has banned federal funds from covering abortion care for low-income women insured by Medicaid. The effects of the Hyde Amendment have been detrimental to American women. Despite the news that unintended pregnancy and abortion rates have fallen in the general population, abortions are becoming increasingly concentrated among poor women. U.S. constitutional law has upheld restrictions on abortion care, including the Hyde Amendment, leaving a large portion of reproductive age women without the ability to exercise their constitutional right to an abortion. In sum, poor pregnant people have been stripped of their right to choose because of their reliance on a government that will force them to give birth.

Unlike the U.S. Constitution, The Hyde Amendment could not withstand a human rights framework, which would require the government respect, protect and fulfill the right to an abortion. To name one notable example of this, the Special Rapporteur on Extreme Poverty recently visited the U.S. and recognized the harms of the Hyde Amendment in his report, stating that: “Low-income women who would like to exercise their constitutional, privacy-derived right to access abortion services face legal and practical obstacles… This lack of access to abortion services traps many women in cycles of poverty.” The Special Rapporteur recommended that the U.S. recognize health as a human right. Contradictory to the U.S. constitutional framework that merely requires government non-interference upon rights, there is international consensus among human rights bodies that abortion rights are human rights that require affirmative government fulfillment.

At the federal level, the U.S. takes an inconsistent stance on human rights, often promoting human rights ideas elsewhere but failing to comply with human rights standards at home.. However, there is a movement of  U.S. cities that are adopting the human rights framework of the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), the international women’s rights treaty that the U.S. has yet to ratify. The Cities for CEDAW (C4C) movement has been instrumental in bringing awareness of human rights to the local level, with thirty-nine cities and counties putting forth a CEDAW resolution or ordinance committing to the principles of CEDAW. In contrast to the U.S. Constitution, CEDAW imposes an equality standard that requires all laws that disparately impact women be scrutinized to secure de jure and de facto equality for women. The CEDAW Committee, the monitoring body for the treaty, has repeatedly made clear that it considers restrictive abortion laws incompatible with the human rights of women. Therefore, the Hyde Amendment would violate a human rights framework, which would require that the state ensure that every woman, regardless of her income or race, could access the same rights

The C4C movement can have an impact on abortion access in the U.S. by building advocacy around abortion as a fundamental human right that is inherently linked to women’s rights outlined in the UN CEDAW treaty. Framing reproductive health as a human right is a paradigm shift toward destigmatizing abortion. Additionally, local CEDAW activists can instigate a political shift by embracing and utilizing the jurisprudence, General Comments, and Concluding Observations identified by the UN CEDAW Committee regarding abortion as a human right. Furthermore, the local U.S. CEDAW ordinances and resolutions can be used to support other pro-choice policies at the municipal, county or state level. The negative human rights impact of the Hyde Amendment, although law of the land, can be challenged by activists through utilizing a human rights lens on abortion access through local CEDAW ordinances and resolutions.

If the localities adopting CEDAW prioritize abortion access as a serious issue affecting women in their communities, it could be groundbreaking for sexual and reproductive rights around the country. The U.S. is almost 80% urban by population and therefore the C4C campaign could have a ripple effect in improving abortion access around the country. In the era of Trump and a majority conservative Supreme Court, women’s rights activists cannot afford to play it safe and concede to the fear and stigma perpetuated by conservatives and extreme religious groups. Utilizing the power of a human rights mechanism like a local CEDAW ordinance to challenge restrictions on abortion access like the Hyde Amendment could be instrumental in restoring the right to choose for our most vulnerable citizens.

By Jessica Pierson

Jessica holds an M.A. in Human Rights Studies from Columbia University’s Institute for the Study of Human Rights. Her graduate thesis research explored abortion as a human right in the United States and the role of CEDAW cities in challenging the Hyde Amendment.

“Justice is given to whomever is louder”

By Jenna Wallace, graduate student of human rights at Columbia University


Penelopa Gjurchilova, a former Macedonian diplomat and visiting scholar at the Institute for the Study of Human Rights (ISHR) quoted this popular Macedonian proverb during her opening remarks at a symposium entitled “Foreign Policy Makeover: Women’s Roles and Rights in Diplomacy,” held on November 14, 2013 at Columbia University.

ISHR and the Gender and Public Policy Specialization at the School of International and Public Affairs (SIPA) hosted this symposium, consisting of two panels of former and current ambassadors and foreign policy professionals from around the world.  The panelists discussed personal experiences within the field of diplomacy and shared their professional perspectives on the issue of including women’s rights in diplomatic affairs. Chaired by Yasmine Ergas, Associate Director of ISHR and Director of the Gender and Public Policy Specialization at SIPA, the symposium created a unique opportunity for women and men to be heard on the role of gender and women’s rights in foreign policy.

From left, Yasmine Ergas, Ambassador Rosemary DiCarlo, Ambassador John Hirsch, Ambassador Karen Tan, and Ambassador Greta Gunnarsdotir engage in a panel discussion with Columbia students and faculty.

From left, Yasmine Ergas, Ambassador Rosemary DiCarlo, Ambassador John Hirsch, Ambassador Karen Tan, and Ambassador Greta Gunnarsdotir engage in a panel discussion with Columbia students and faculty.

Penelopa Gjurchilova began the symposium with a call to younger generations to be guided by principles of equity and equality, which other panelists echoed in their discussions.  She pointed out that although the status of women in diplomacy is improving, many countries have not seen progress on this issue, which is not only a matter of human rights but is essential in maintaining peaceful international relations and equality worldwide.

The distinguished speakers spoke about how women in diplomacy tend to face particularly difficult challenges, not least among which include existing stereotypes regarding traditional women’s roles and the always-in-conflict tug of war between family life and career.  There are, however, ways for women to improve their experiences in the diplomatic corps.  Women must communicate with each other, exchange ideas, and form networks within which they can help each other as they enter and rise through the diplomatic ranks.  As more women achieve higher-level diplomatic positions, stereotypes break down and access to more prestigious positions increases. Women in diplomacy in the past, and even now, are the pioneers, and despite the difficulty of that position, it is their responsibility to make that workforce easier for women in the future.

Also voiced throughout the panel discussions was the conviction that the engagement of women in diplomacy absolutely does not mean the disengagement of men. Gender equality is especially necessary for peace processes, or lasting peace will be impossible to achieve.   Creating opportunities for women in diplomacy and post-conflict processes will take a considerable amount of work, and mostly from women. For example, the United Nations Women branch was established only when a group of female ambassadors got together, lobbied for its existence, and put massive effort into its creation. Another example of proactive women came from Ambassador John Hirsch, who explained that women played an immense role in ending a junta rule in Sierra Leone and in instituting elections.  They became role models for other nations, and we must remember that women are integral to the processes of peace and reconciliation.

Another crucial point, which became a topic of discussion in the second panel, was the lack of governments’ political commitment to putting gender issues on their agendas.  While an awareness of gender issues in governments is important, there also must be the political will to do something about them, without which nothing can truly be accomplished. In order to achieve change, governments must budget for gender issues and ensure that the structures in place promote equality.  The individual is very important, but if the correct structures are not in place, there is only so far women can go. Leadership is terribly important as well, as H.E. Mrs. Tine Mørch Smith, Deputy Permanent Representative of Norway to the UN, highlighted. A whole generation of girls in Norway was empowered by the female Prime Minister at the time, and this played an immense role in the ambassador’s aspirations to begin a career in diplomacy as well as her access to higher-level positions.

Carne Ross, Executive Director of Independent Diplomat, presented a powerful opinion on the issue of gender itself.  Of utmost importance is “de-gendering.” As long as diplomacy remains infused with a male-dominated environment, made up of zero sum negotiations, heavy drinking, long hours, and other traditionally male workplace characterizations, it will be challenging for women to rise in the ranks.  Hiring more women, though it sounds like a solution, cannot alone address the problem.  A systematic analysis into the political and institutional structures needs to take place.  Diplomacy, he confidently stated, is a gendered archetype in itself.  Win-lose modeling takes precedence over a consensus-seeking model, hard issues are valued over “soft” issues, empiricism is valued over emotion, and there is a priority to security over all else.  Complete with a historical notion of hierarchy, the diplomatic corps is male-oriented, as are states.  Therefore, global issues will not be solved by states at all, but rather, by a mass movement of men and women who are not bound within a hierarchical system.

Mr. Ross’s bold views on de-gendering were appreciated; it was also pointed out that we must talk about the differentiation of experiences between men and women, maintaining two perspectives but being careful not to recreate gender dichotomies.  We must, Ms. Ergas mentioned, move beyond the question of gender and find the next step.

The symposium raised a lot of important issues, shining a light on gender inequality in diplomacy and opening the door for further discussion and analysis of gender questions. This symposium has set the stage, and now we must work together to find, analyze, and take that next step so that we, eventually, do not have to talk about gender at all.

Distinguished panelists included:

  • H.E. Mrs. Rosemary A. DiCarlo (U.S. Deputy Permanent Representative to the UN)
  • Ambassador John Hirsch (former U.S. Ambassador to the Republic of Sierra Leone and a current SIPA Professor)
  • H.E. Ms. Karen Tan (Permanent Representative of Singapore to the UN)
  • H.E. Ms. Gréta Gunnarsdóttir (Permanent Representative of Iceland to the UN)
  • H.E. Mrs. Tine Mørch Smith (Deputy Permanent Representative of Norway to the UN)
  • Mr. Carne Ross (Executive Director of Independent Diplomat)
  • H.E. Mrs. Natalia Quintvalle, (Consul General of Italy)
  • Ms. Fiyola Hoosen-Steele (Head of the Plan International South Africa Office to the UN and former Diplomat in South Africa)


Jenna Wallace is an M.A. candidate in the Columbia University Human Rights Studies program. She is specializing in indigenous women’s rights, and is looking forward to a robust career in international human rights advocacy. 

Notes from the Field: Securing Women’s Land Rights in the Acholi sub-region in Northern Uganda

By Allison Tamer, MA student in the Human Rights Studies program at Columbia University

For many people living in Northern Uganda, land is their only means of survival. Land is such a prized possession that disputes over land is a common occurrence, frequently escalating into aggressive and sometimes violent situations.  For example, one man in the Amuru district attempted to poison a village’s water source so he could take over the deceased’s land. In 2010, a family in the same district lit another family’s home aflame during the night over a land dispute. This act of violence took the lives of two young girls who were sleeping during the attack.

As land conflicts intensify in this region, the situation for women and their right to land seems to be getting worse.  Gender and socio-cultural factors compounded with the aftermath of the two decades of civil war in Northern Uganda has made the struggle for women’s right to land more difficult.

Women’s land rights are protected under Uganda’s 1995 constitution and the Land Act 1998, which defines the types of land ownership that are legally recognized. In Northern Uganda, however, the majority of land ownership is under the customary tenure system and is typically passed from one generation to another. This type of land ownership is guided by informal rules that are reinforced by the Acholi traditional clan structure.  This means that land is under the custody of clan heads (i.e., family heads) and elders, who are almost always men. Often times, male clan leaders refuse to grant their female relatives land ownership, as they believe that land should be transferred through male heads of household.

The customary land tenure system makes it difficult for women to navigate and advocate for their land rights.  Many widows, divorcees and separated women are denied land by their own relatives, and live, often with children to support, in misery and destitution. In a non-industrialized region with low unemployment, having nowhere to farm means no food on the table or money for children’s school fees

This summer, I worked with Charity for Rural Development (CHAFORD) in Gulu, Uganda. CHAFORD teaches women how land ownership can improve their livelihood and how they can protect themselves from unforeseen circumstances such as divorce or widowhood.  CHAFORD formed one group of about twenty-five women in Attiak, a sub-county in the Amuru district, and provided them with a safe outlet to discuss their land rights and receive educational training in the value of land ownership.

CHAFORD understands that women must have the economic means to purchase land in order to truly exercise their rights to land. Therefore, CHAFORD works with women in various ways to increase their income through training in various vocational skills, providing seedlings and facilitating village savings and loans associations so that the women can buy land.

Photo: Allison Tamer

During the summer, I met Alice, an active member of CHAFORD’s land rights group. She was the first and only member of the group to purchase land. When I spoke to Alice, she explained to me how the land rights group inspired her to follow through with her goal of purchasing land. CHAFORD’s staff, along with the women in her land rights group, motivated her to start a butchery business so that she could obtain the income necessary to buy land. Two years later, she purchased a piece of land under her name. She said that she hopes her two daughters will follow her example and own land one day too.

CHAFORD takes small steps to create change in the communities where they work. While there are many local NGOs working in Northern Uganda, few are working specifically on land rights for women. In addition, many NGOs including CHAFORD are quite young, and lack the resources and institutional capacity to tackle women’s land rights in a consistent and long-term way.

Women in the Acholi sub-region of Northern Uganda encounter multiple barriers in claiming their land rights. The most significant obstacles to securing women’s land rights can be found within the customary tenure land system. Women’s land rights will not improve until there are effective, long-lasting solutions to overcome the many dimensions that impede women’s access to land. Until this is done, local NGOs in Northern Uganda will continue to struggle to secure women’s land rights.

Allison Tamer is a M.A. candidate in Human Rights Studies at Columbia University. She was a participation in the Institute for the Study of Human Rights Graduate Student Volunteer Program in Gulu, Uganda this summer.



Time to Rethink: The ‘Women’s Dilemma’ and Public Policy

By Yasmine Ergas, Associate Director of the Institute for the Study of Human Rights

The ‘women’s dilemma’ is center stage – again. I call it that even though the impossible balancing of family life and professional life that Anne-Marie Slaughter recently dissected in a widely debated article in The Atlantic affects many men too. It still is primarily a women’s issue, and it will take some time before it can be characterized in gender-neutral terms. A recent workshop promoted by the Institute for the Study of Human Rights, with the financial support of ISERP, and the co-sponsorship of the Center for Gender and Sexuality Law, analyzed many of the new terms of the ‘motherhood’ issue. The following remarks are informed by that debate but do not seek to summarize it. Instead, I focus on some of the issues that Slaughter’s article raises.


Slaughter has been much criticized for lamenting that “women still can’t have it all.” In truth, the “having it all” that Slaughter wants is pretty modest – a chance to be both a woman with a profession and a woman with a family life. Years ago, I was part of a group of Italian feminist social scientists. Together, we wrote a book about “time for oneself:” the idea was that beyond the “double work” of employment and family that we had endlessly analyzed, there ought to be a time to care for oneself, to reflect, recharge, and perhaps even just enjoy. “If I am not for myself, who will be for me?” the Jewish sage Hillel famously asked. I’m not given to Talmudic quotations, but that seems like a pretty radical thought to me – and the thirty years that have passed since the Gruppo di Ricerca sulla Famiglia e Condizione Femminile wrote about time for oneself have only made it appear the more so. Everyone may have a right to the pursuit of happiness but too often women must make their arguments in terms of the benefits they produce for others rather than the quality of life they can procure for themselves.

Slaughter’s discussion slips between the twin registers of duty and desire. As she acknowledges, it’s not necessary for your son to be going through a troubled adolescence—as hers was when she decided to leave her post in the State Department to return to full-time academia and life as a public intellectual—to want to care for him. The pleasure of motherhood is not just in the satisfaction of an obligation; one of the reasons we have fought so hard for reproductive rights is to ensure that women can have children because they want to. That desire doesn’t generally exhaust itself on the birthing table; there’s an incredible pleasure in holding your baby, and in picking up your child from school, and in being there for a first love crisis or one of those “terrible, horrible, no good, very bad days” (to crib from Judith Viorst’s wonderful book). Similarly, you don’t have to be shepherding the country through the financial crisis, or more simply trying to impart some sense of how human rights law works and why it’s important, to feel that your work is necessary – not only for what you may be contributing to others but for yourself. The paycheck is fundamental, perhaps never more than today. But that’s not all. When I collaborated with the women’s coordinating committee of the Italian metalworkers’ union on a project on women and work, the workers we interviewed – all women employed in factories – said they valued working for many reasons, including the sociability of being with each other. It’s not only for professionals with options that working is three parts desire.

Slaughter asks: can we put it all together? Not if it’s virtually impossible to do both at the same time. As Slaughter acknowledges, in today’s United States at least, there’s no good way to place either having children or developing your career on hold without paying an exorbitant price. “Freeze your eggs,” she advises young women. It’s a mantra that is heard throughout the country today as eager younger women seek counsel from older mentors. Is that really the solution? Wendy Chavkin pointed out at the Motherhood Workshop the frightening dearth of information regarding the risks associated with being shot full of hormones and subjected to complex—and costly—surgical procedures associated with assisted reproductive technologies. But that’s not all: I wonder how many of today’s young professionals will have a chance to use their eggs at all. As I finished a talk on reproductive surrogacy a few years ago, a young woman spoke up. She was about to graduate from Columbia Business School, she said, but several of her friends had finished earlier and found corporate jobs. “But once they became pregnant,” she went on, “they were fired.” Although that’s illegal, her solution was not an anti-discrimination suit. “Could you tell me,” she concluded, “in what states of the US surrogacy is legal? Because I was thinking that that would be a way to solve the problem of pregnancy on the job….”

Source: Institute for the Study of Human Rights

Compulsory substitutive maternity may still be the stuff of science fiction, but having been a law associate with a young child, I know about the status of family life in corporate culture. My firm had a gym and defended religious partners’ Sabbaths, not a day-care service and a “celebrate your child’s birthday” policy. What is there now to stop law firms or major corporations from offering – and not so subtly incentivizing – paid-for surrogacy for valued associates and junior partners? $80k is a good deal when your employee bills several multiples of that figure every year. Not having children is – as Syliva Hewlett has noted responding to Slaughter – a choice that should be fully legitimated and supported. But it should be a choice.

For all the drumbeat on work-family balance, American law firms have not had to think too much about how to deal with the ‘women’s dilemma:’ analyzing the data, sociologists Daniela Grunow and Silke Aisenbrey have demonstrated that American women practically give birth on the job or else (and sometimes, also) give up their jobs altogether. That’s because American women have to solve the “career or family” issue individually. True, the Family and Medical Leave Act protects about half the women in the work force from being fired – if they ask for maternity leave and have the means to support themselves without income, in other words, if they’re financially secure and employed by a large organization. But if they’re financially secure because they’ve earned well – i.e., because they’re professionals – and they don’t want to backslide, often they will hardly take the leave. The job pressures are such that, as Slaughter says, you can never compensate enough for your time off. Instead, you do what in the U.S. we do best: you turn to the market – traditionally, for child care services, and now, increasingly, for procreative ones.

That’s not because there are no public policies; it’s because the public policies we have promote privatized solutions. As political scientists learned long ago, when governments opt not to do something, they’re actually, positively, doing something, making a decision. When the Family and Medical Leave Act passed with no assurances of income support, let alone guarantees of job continuity, Congress made a choice: to support only those who could pay for themselves and risk the consequences. That choice does not simply affect individual women and their families; it tells the country and the world what our public values are. If you want confirmation, play ‘follow the tax code.’ Which is fully deductible: child care for working parents or chauffeured limousines for corporate executives? Unsurprisingly, this is not (or not just) about what have euphemistically been called ‘family values.” There’s a powerful economic rationale for Congress’ decision. Social scientists have long argued that mothers function as a reserve work force. When the economy needs them, they get pulled in; when it contracts, they get pushed out. Luckily for the Treasury, when mothers are pushed out they disappear from the unemployment numbers: they’re not not working, they’re not looking. S&P ratings don’t move; our demand for ‘unskilled’ – often but not always, foreign – labor does. Call it the international political economy of reproduction – as participants in the Motherhood Workshop repeatedly noted, you can’t talk about the social organization of motherhood these days without seeing it as an international as well as domestic policy issue.

We now have fully internationalized and stratified ‘procreative chains’ and ‘care chains.’ Complex industries promoted by brokers and lawyers (and, in the case of surrogacy, clinics and medical personnel) as well as traffickers and more or less corrupt public officials have sprung up that organize them. We should understand how they operate.

‘Procreative chains’ are made up of providers of the ova, sperm and uteri that allow those who cannot or will not reproduce biologically to do so by acquiring the relevant goods and services. I don’t know of any ‘hard’ data, but anecdotal evidence abounds about ‘older’ women’s recourse to procreative chains. If the young woman who asked me about surrogacy is any indication, employment pressures may also bolster a younger demand for reproductive surrogacy. The key to this expanding market is that you can do a lot of comparison shopping, paying significant sums to match (or improve on) yourself genetically, for example, while economizing on the ‘gestational carrier.’ If you have substantial resources, you may choose a carrier in California. But if you’re making do with less, you may turn to India. Concerns about abusive treatment of gestational carriers abound. Personally, I have many doubts about the enforceability of contracts that compel women to give up children to whom they have given birth, even though I understand that those children would not have been born but for the contractual agreements that framed their conception and gestation and that they have often been conceived using the sperm of their prospective fathers (Carol Sanger at Columbia Law School has written extensively on these issues). But leaving such concerns aside, where’s the movement to protect overseas surrogates from exploitation? Apart from some law review articles, the silence has been deafening.

Anthropologists and other social scientists have documented the emergence of “care chains,” made up of domestic laborers who migrate in order to provide the care work – importantly, as nannies and helpers for the elderly – that enable the families buying their labor to function. These workers are often women, and they leave behind children and parents for whom they have to make care-giving arrangements. Frequently, this means mobilizing kinship networks: “labor-importing” nuclear families rely on “labor-exporting” extended ones. Moreover, the flexibility of the local US female labor force is reflected in that of the immigrant laborers. When the former leave the workforce, they latter leave their employ. The conditions of this exodus are presumably tied to the workers’ status in the labour force. That’s why immigration reform is (also) a women’s issue: many of the workers are women, and many of the employers are women. But it’s not only immigrant women who work as care-givers. Many US born women do too – and their all-too frequent economic precariousness is also linked to the oscillations of professional women’s demand. Slaughter rightly acknowledges that she is speaking from a position of privilege to women of privilege – the women who can make choices about whether and how intensely or in what settings they will work. There are many women, as she notes, who cannot make those choices, and are inevitably left coping with impossible demands. It’s important to remember, that at least sometimes, those demands entail reconciling the need to care for their own children or elderly relatives with jobs caring for other people’s children and elderly relatives.

I am fortunate to be among the professionals to whom Slaughter is speaking. But this is not simply about personal privilege; it’s about the subversion of a social need into an individualistic scramble. Today, that scramble rests on an often implicit, but no less powerful, set of public policies that maintain the flexibility of the female labor force by pitting employment against family, allow us to access overseas gestators without inquiring into the conditions under which their labor is offered, and enable us to hire and import helpers when we need them and to dispense with them when we don’t.

The ‘women’s dilemma’ is not merely a personal, or even national, problem – what women who do have leadership positions can do; how corporations thinking about their bottom lines should treat workers – female and male – with families; and what younger women planning careers should consider. Slaughter has many recommendations on these issues with which I largely agree – including that finding a ‘supportive’ (i.e. co-responsible) partner helps. Ask yourself “will s/he share child care?” before recognizing his or her parenting claims. But then ask yourself: will that allow me to reconcile a 15 hour workday with a bedtime hug? Surprise answer: No. So my response is different: I hope that Slaughter’s article and the debate it has provoked will reawaken discussion of the ‘women’s dilemma’ as a public policy matter with significant international ramifications.

I can already hear the sighs – she must be dreaming, readers will be saying. At a recent seminar at Columbia University, a colleague commented on French attitudes towards marital life: “I don’t live in that country.” The United States is not Norway or France. But it’s a rich country that daily expends vast sums that shape its social organization and impact the whole world. Some of the ways in which it chooses to allocate its resources have brought us to where we are now. Isn’t it time to rethink?


Yasmine Ergas is the Associate Director of the Institute for the Study of Human Rights and Adjunct Professor at the School of International and Public Affairs of Columbia University. She is currently engaged in a study of the transnationalization of everyday life and its implications for human rights and international law. In April 2012, she chaired a Workshop on “Deconstructing and Reconstructing ‘Mother’ : Regulating Motherhood in International and Comparative Perspective.”  Her recent work includes an essay on Babies without Borders: Human Rights, Human Dignity and the Regulation of International Commercial Surrogacy.