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

Schloenhardt, Andreas and Markey-Towler, Rebekah (2016) Non-criminalisation of victims of trafficking in persons: principles, promises, and perspectives. Groningen Journal of International Law, 4 1: 10-38.

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Author Schloenhardt, Andreas
Markey-Towler, Rebekah
Title Non-criminalisation of victims of trafficking in persons: principles, promises, and perspectives
Journal name Groningen Journal of International Law
ISSN 2352-2674
Publication date 2016-07-15
Year available 2016
Sub-type Article (original research)
Open Access Status File (Publisher version)
Volume 4
Issue 1
Start page 10
End page 38
Total pages 29
Place of publication Groningen, Netherlands
Publisher University of Groningen
Collection year 2017
Language eng
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 noncriminalisation which serves to protect victims 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.
Keyword Victim protection
Victims of trafficking
Noncriminalisation
Q-Index Code CX
Q-Index Status Provisional Code
Institutional Status UQ
Additional Notes https://grojil.org/issues/

Document type: Journal Article
Sub-type: Article (original research)
Collections: HERDC Pre-Audit
TC Beirne School of Law Publications
 
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Created: Tue, 19 Jul 2016, 12:45:50 EST by Carmen Buttery on behalf of T.C. Beirne School of Law