Human Rights Law Review
Volume 16, Issue 4, 2016, Pages 669-699

Human trafficking and the emergence of the non-punishment principle (Article)

Piotrowicz R.W. , Sorrentino L.
  • a Department of Law and Criminology, Aberystwyth University, United Kingdom
  • b Department of Law and Criminology, Aberystwyth University, United Kingdom

Abstract

The article outlines the emergence of the non-punishment principle with regard to victims of human trafficking: that people who commit offences in the course, or as a consequence, of being trafficked should not be held criminally accountable because they have been compelled to do so. It is argued that this principle is grounded in recognition of the human rights of trafficked people. The article traces the emergence of the principle in human rights law as well as soft law and discusses its scope. State practice and recent British cases are considered. It is shown that, while there are difficult issues concerning the scope of the principle, it is nonetheless becoming increasingly recognized in the field of human trafficking. © The Author (2016). Published by Oxford University Press.

Author Keywords

Human trafficking Council of Europe Convention on Action against Trafficking in Human Beings Non-punishment principle European Union Directive 2011/36/EU

Index Keywords

[No Keywords available]

Link
https://www.scopus.com/inward/record.uri?eid=2-s2.0-85014449954&doi=10.1093%2fhrlr%2fngw028&partnerID=40&md5=589a464f7964b52d35f2eb5317753145

DOI: 10.1093/hrlr/ngw028
ISSN: 14617781
Original Language: English