A/HRC/47/34
United Nations
General Assembly
Distr.: General
17 May 2021
Original: English
Human Rights Council
Forty-seventh session
21 June–9 July 2021
Agenda item 3
Promotion and protection of all human rights, civil,
political, economic, social and cultural rights,
including the right to development
Implementation of the non-punishment principle
Report of the Special Rapporteur on trafficking in persons, especially
women and children, Siobhán Mullally*
Summary
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 nonpunishment 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.
* Agreement was reached to publish the present report after the standard publication date owing to
circumstances beyond the submitter’s control.
GE.21-06401(E)