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  • Book
  • © 2019

Protecting Victims of Human Trafficking From Liability

The European Approach

Palgrave Macmillan
  • Discusses the difficult issue of 'non-liability' for crimes committed by people who are victims of trafficking
  • Draws on human rights, victim rights and criminal law theory to argue why a provision on non-liability needs to exist
  • Draws comparisons between crimes committed by human trafficking victims and by victims of domestic abuse and child soldiers
  • Proposes an alternative provision which states and regional bodies could adopt

Part of the book series: Palgrave Studies in Victims and Victimology (PSVV)

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Table of contents (9 chapters)

  1. Front Matter

    Pages i-xiv
  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

About this book

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.


Reviews

“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)

Authors and Affiliations

  • Trilateral Research & Consulting, London, UK

    Julia Maria Muraszkiewicz

About the author

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.

Bibliographic Information

Buy it now

Buying options

eBook USD 69.99
Price excludes VAT (USA)
  • Available as EPUB and PDF
  • Read on any device
  • Instant download
  • Own it forever
Hardcover Book USD 89.99
Price excludes VAT (USA)
  • Durable hardcover edition
  • Dispatched in 3 to 5 business days
  • Free shipping worldwide - see info

Tax calculation will be finalised at checkout

Other ways to access