Comparative Perspectives On Non-Punishment Of Victims Of Trafficking In Human Beings

Abstract

Each state party to the Council of Europe Convention on Action against Trafficking in Human Beings has a legal obligation, in accordance with the basic principles of its legal system, to “provide for the possibility of not imposing penalties on victims for their involvement in unlawful activities, to the extent that they have been compelled to do so” (Article 26). The Convention follows the United Nations Recommended Principles and Guidelines on Human Rights and Human Trafficking according to which “trafficked persons shall not be detained, charged or prosecuted for the illegality of their entry into or residence in countries of transit and destination, or for their involvement in unlawful activities to the extent that such involvement is a direct consequence of their situation as trafficked persons.” Non-punishment provision is also a part of EU Directive on preventing and combating trafficking in human beings and protecting its victims. This paper contains analysis of international legal framework concerning non-punishment provision and short overview of comparative legislation and the case law in the first ten state parties that have been evaluated by the Council of Europe Group of Experts on Action against Trafficking in Human Beings. Key words: trafficking in human beings, victim, non-punishment, non-prosecution, status related offence

Keywords

• trafficking in human beings, victim, non-punishment, nonprosecution, status related offence