The Non-Punishment Principle as Cornerstone of a Robust European Modern Slavery Law Framework

A significant ruling by the European Court of Human Rights (ECtHR) in 2021 (V.C.L. and A.N. v UK) reinvigorated the principle of non-punishment as a paramount tool in the prevention of modern-day slavery. This article attempts to crystallise how the principle can aid in recentring victims of human trafficking and other forms of physical and psychological abuse and, therefore, diminish the susceptibility of vulnerable people becoming such victims in the first place, disguised as perpetrators themselves, although being exploited for criminal activity. While ending impunity through criminalisation is one important tool in combating the existence of modern slavery (I), states need to incorporate other stipulations into their national legislation in order to provide a robust framework (II). The most crucial of these ingredients is the principle of non-punishment, which needs to be understood as an all-englobing shield applicable to all stages of criminal investigations. The principle needs to gain a more authoritative standing in national and European legal frameworks, as shall be demonstrated in the comparison between a deficient 2015 ruling by the High Court of Ireland and the ECtHR’s 2021 V.C.L. and A.N. v UK decision (III).