Publication details
Princip netrestání obětí obchodování s lidmi
| Title in English | Non-punishing the victims of trafficking in human beings |
|---|---|
| Authors | |
| Year of publication | 2016 |
| Type | Article in Proceedings |
| Conference | Dny práva 2015 |
| MU Faculty or unit | |
| Citation | |
| Web | http://www.dnyprava.cz/dokumenty/34676 |
| Field | Law sciences |
| Keywords | non-punishment principle victim trafficking in human beings |
| Description | The principle of non-punishment of victims of human trafficking is one of crucial instruments how to deal with the phenomenon of human trafficking. Its is unfortunately common that the victims are compelled to commit crimes while they are being trafficked (forgery of identification document, cannabis growing) and consequently they are punished for that. The Czech Republic is about to ratify a basic document on combatting trafficking in human beings – The Council of Europe Convention on Action against Trafficking in Human Beings whose Art. 26 deals with the non-punishment principle. However, this Convention is not the only international document which copes with the protection of victims of human trafficking – another instrument is regulated in Art. 8 of the Directive 2011/36/EU of the European Parliament and of the Council of 5 April 2011 on preventing and combating trafficking in human beings and protecting its victims which encourages the States to adopt a regulation not only on non-punishing the victims but also on possible non-prosecution of them. This topic is linked to the circumstances excluding illegality in a following way. In the Czech Republic there are voices saying that all the international commitments concerning the discussed issue are fulfilled by the Czech Republic because the guilt of victims can be eliminated by the application of the circumstances excluding illegality. This contribution is therefore focused on argumentation rebutting these opinions from the juristic point of view as well as from the view of the aim of the international documents which are not self-executing which is the reason why the citizens are not entitled to claim the rights directly. |