Cet événement organisé par l’axe éthique et santé du Centre de recherche en éthique (CRÉ) a été enregistré le 29 octobre 2018, à l’École de santé publique de l’Université de Montréal (ESPUM).

Sharon Bassan, « Surrogacy – On Reproductive Labor and Labor Law »

Caméra: Jean-Philippe Royer
Montage: Marc-Antoine Plouffe

ABSTRACT: This talk aims to explore whether labor law is an appropriate mechanism to regulate cross-border surrogacy. Work-related arguments concerning surrogacy usually support the view that commercial surrogacy deserves some sort of remuneration. In this talk, I do not oppose commercial surrogacy per se, but rather argue that not all forms of work are part of the labor market, and not all forms of earning in the market are necessarily work. I focus on the conceptualization of surrogacy as work, the surrogate as a worker, and on labor law, which should accordingly be assumed appropriate for regulating such markets. To do that, I analyze the purpose of labor law and the conceptual framework of work and worker, and examines their applicability to the conduct of surrogacy arrangements.

BIO:

Sharon Bassan is a second year Postdoctoral Research Associate with a joint appointment in the University Center for Human Values and the Woodrow Wilson School’s Office of Population Research in Princeton University. A bioethicist, with a PhD and JD in law, Sharon is interested in issues of health law/policy and bioethics, in particular in the areas of the ethics of reproductive technologies, health markets, global health governance and global justice. Her current project is a book about the regulation of cross-border surrogacy.