Commercial surrogacy arrangements now cross borders; this paper aims to reevaluate the traditional moral concerns regarding the practice against the added ethical dimension of global injustice. I begin by considering the claim that global surrogacy serves to satisfy the positive reproductive rights of infertile first-world women. I then go on to consider three powerful challenges to this claim. The first holds that commercial surrogacy involves the commodification of a good that should not be valued in market terms, the second that it involves the exploitation of the labor of disadvantaged women, and the third that it depends on the illegitimate privileging of positive rights over negative rights. I reject the first of these challenges and argue that global surrogacy arrangements are indeed exploitative on the dual basis of what I call intracontractual injustice and intercontractual coercion. The latter, I contend, depends on a preexisting negative rights violation, which cannot be permitted for the sake of satisfying another's positive reproductive entitlement. I conclude not in favor of a global ban but with suggestions on how developing nations that permit commercial surrogacy might better protect the negative reproductive rights of their female citizens, thereby making them less vulnerable to exploitation.A growing trend in medical tourism threatens the battle for global gender justice, namely that of developed-world couples contracting Indian surrogates to gestate their children. The practice of global commercial surrogacy might be defended on the grounds that, in countries where surrogacy-for-pay is illegal, the reproductive rights of infertile women are being violated as they are being denied access to the means by which to have genetically related offspring. The implication is problematic, however, insofar as satisfying one woman's positive right of access necessarily involves the use of another woman's body and reproductive labor. The fact that the surrogates in question are poor women from the global south with limited employment options aggravates the issue. We thus face a conflict of rights magnified by border crossings in a condition of global injustice: in satisfying a developed-world woman's reproductive right to access surrogacy as a solution to the problem of infertility, are not developing-world women's rights to make reproductive decisions free of coercion being violated?
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According to Philippe Van Parijs, the superiority of an unconditional basic income (UBI) over conventional means-tested liberal welfare state programs lies in its decommodifying potential. In this article I argue that even if a UBI was sustainable at high enough a level to lessen the extent to which an individual is forced to sell his or her labor power in the market, it would nonetheless have the adverse and simultaneous effect of forcing that individual into further market transactions to satisfy his or her most basic needs. I conclude that the relative directness with which a welfare regime responds to basic needs qualifies as a crucial dimension of decommodification, and that the conventional liberal welfare state scores rather higher along this dimension than a UBI would.
A private, for-profit company has recently opened a pair of plasma donation centres in Canada, at which donors can be compensated up to $50 for their plasma. This has sparked a nation-wide debate around the ethics of paying plasma donors. Our aim in this paper is to shift the terms of the current debate away from the question of whether plasma donors should be paid and toward the question of who should be paying them. We consider arguments against paying plasma donors grounded in concerns about exploitation, commodification, and the introduction of a profit motive. We find them all to be normatively inconclusive, but also overbroad in light of Canada’s persistent reliance on plasma from paid donors in the United States. While we believe that there are good reasons to oppose allowing a private company to profit from Canada’s blood supply, these concerns can be addressed if payment is dispensed instead by a public, not-for-profit agency. In short, we reject profiting from plasma while we endorse paying for plasma; we therefore conclude in favour of a new Canadian regime of public sector plasma collection and compensation.
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