Non-criminalisation of victims of trafficking in persons — principles, promises, and perspectives

Andreas Schloenhardt, Rebekkah Markey-Towler

Veröffentlichungen: Beitrag in FachzeitschriftArtikelPeer Reviewed

Abstract

Victim protection is one of the key objectives of international and domestic efforts against trafficking in persons. Existing legal instruments contain a range of mechanisms to protect the rights of victims of trafficking, providing them with material assistance, counselling and shielding them from coercion, threats and harm by their traffickers. An additional, more contentious protection mechanism is the principle of non-criminalisation which serves to protect victims of trafficking from prosecution for offences which they may have committed during the course of their trafficking experience. The rationale of this principle is to recognise that victims often have little choice but to engage in criminal conduct during their trafficking situation and to encourage victims to cooperate with law enforcement in the investigation of their traffickers. This article examines the background and rationale of this principle, analyses existing and proposed expressions of this principle, and develops ideas and recommendations for further debate and developments in this field.
OriginalspracheEnglisch
Seiten (von - bis)10-38
Seitenumfang29
FachzeitschriftGroningen Journal of International Law
Jahrgang4
Ausgabenummer1
PublikationsstatusVeröffentlicht - 2016

ÖFOS 2012

  • 505024 Strafrecht

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