The non-punishment of human trafficking victims in Europe: A comparative perspective

Abstract

Human trafficking victims can be subjected, not only to sexual and labour exploitation, but also to the exploitation of criminal activities such as theft or drug production. Besides, due to the nature of trafficking, victims may also face sanctions for their irregular migration status or for the offences committed in an attempt to free themselves. In view of this phenomenon, the Council of Europe Convention on Action against Trafficking in Human Beings, as well as Directive 2011/36/EU, compel member States to take the necessary measures to ensure the non-punishment of trafficked people for their involvement in criminal activities that they have been forced to commit as a consequence of trafficking. Since the approval of these provisions, many countries have adopted diverse policies to fulfil this international duty and prevent human trafficking victims from receiving sanctions. Using a comparative perspective, this paper aims to illustrate and critically evaluate the main challenges regarding the implementation of this clause in Europe. The results underline the persistent need to improve policies focussed on the protection of victims, putting aside punitive logics.