The present report of the Special Rapporteur on trafficking in persons, especially women and children, Siobhán Mullally, was prepared pursuant to Human Rights Council resolution 44/4.

In the report, the Special Rapporteur analyses current challenges in the implementation of the principle of non-punishment. The principle of non-punishment constitutes the cornerstone of an effective protection of the rights of victims of trafficking, however, its non-implementation or deficient implementation measures that deviate the principle from its intended result are still common practice.

In the present report, the Special Rapporteur takes stock of previous research conducted under the mandate, as well as submissions of examples of good practices by Member States and the expertise of practitioners. She offers an ample overview of the recognition of the principle in various legal instruments and jurisprudence. She underlines the link between the principle of non-punishment and States’ obligation of due diligence and studies the challenges in its application, as well as other forms of punishment outside of criminal proceedings, such as deprivation of nationality, administrative sanctions and detention in closed shelters.

The Special Rapporteur offers States a set of recommendations aimed at supporting them in the adoption of a model of application of the non-punishment principle that is fully compliant with States’ obligation to protect victims of trafficking.

Learn more in the position paper on the importance of implementing the non-punishment provision: the obligation to protect victims.

Related event

On the occasion of the presentation of the report to the Human Rights Council and the interactive dialogue with States, on 30 June 2021, the Special Rapporteur together with ICAT and the Permanent Missions of Argentina, Germany and the Philippines organized a side event to discuss:

- the challenges in the implementation of the principle;

- racial discrimination, gender dimensions of failures to apply the principle of non-punishment;

- child rights and child victims, including in armed conflict situations;

- scope of application of the principle;

- forms of punishment, including detention in shelters or deprivation of citizenship, exclusion from refugee status; and

- impact on victims’ rights (including fair trial, protection against refoulement, rights to assistance and protection), denials of consular assistance or repatriation.

Watch the roundtable on 'Non-punishment of Victims of Trafficking', 30 June 2021*

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