Protecting Victims of Human Trafficking From Liability

1. Front Matter

   Pages i-xiv

   PDF

2. Introduction

   • Julia Maria Muraszkiewicz

   Pages 1-13

3. Human Trafficking

   • Julia Maria Muraszkiewicz

   Pages 15-43

4. Rationale for the Non-liability Principle

   • Julia Maria Muraszkiewicz

   Pages 45-78

5. Non-liability in European and International Law

   • Julia Maria Muraszkiewicz

   Pages 79-100

6. Dissecting Article 26 of the 2005 Council of Europe Convention

   • Julia Maria Muraszkiewicz

   Pages 101-120

7. Dissecting Article 8 of the 2011 EU Human Trafficking Directive

   • Julia Maria Muraszkiewicz

   Pages 121-143

8. How States Have Implemented the Non-liability Provision

   • Julia Maria Muraszkiewicz

   Pages 145-168

9. What Thwarts the Use of the Non-liability Provision?

   • Julia Maria Muraszkiewicz

   Pages 169-196

10. An Alternative Provision

    • Julia Maria Muraszkiewicz

    Pages 197-207

11. Back Matter

    Pages 209-213

    PDF

This books demonstrates the difficulty of protecting victims of human trafficking from being held liable for crimes they were compelled to commit in the course, or as a consequence, of being trafficked, under current European law. The legislation remains vague and potentially inadequate to recognise victimhood, safeguard the human rights of victims, and avoid further victimisation. Muraszkiewicz explains how the non-liability principle is rooted in criminal and human rights law, and proposes a more efficient provision and framework which would protect trafficked persons, and do better to encourage victims to act as witnesses in criminal proceedings against the perpetrators. In doing so the book will provide relevant stakeholders, including policy makers and law enforcement authorities, with a better understanding of the non-liability principle and how it ought to be used in practice.

• victimology
• crime prevention
• human rights
• domestic violence
• child soldiers
• criminal law
• law enforcement
• police
• defence lawyers

“This book adeptly and convincingly outlines and analyses the non-punishment principle – the notion that a person should not be penalised for offences they have been compelled to commit in the course, or as a consequence, of being trafficked. The scope of this rule remains contentious and its application problematic in many countries. Her book is an important contribution to the development of our understanding of this principle, which is crucial for the effective protection of people who have been trafficked.” (Ryszard Piotrowicz, Professor of Law, Aberystwyth University, Adjunct Professor or Law, University of South Austalia, and Second Vice-President, Council of Europe’s Group of Experts on Action against Trafficking in Human Beings, Australia)

“A highly intelligent and important analysis of the development of law and policy in human trafficking, particularly the offender-victim matrix.” (Felicity Gerry QC, Professor of Legal Practice, Deakin University, Australia)

• Trilateral Research & Consulting, London, UK

  Julia Maria Muraszkiewicz

Julia Maria Williamson (neé Muraszkiewicz) is a Senior Research Analyst at Trilateral Research Ltd, London, UK. Her main areas of expertise include human trafficking, human rights law, migration, and European criminal law. She holds a PhD in Law from Vrije Universiteit Brussel, Belgium.