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Ryszard Piotrowicz

This chapter presents Article 26 of the CoE Convention against Trafficking, which deals with the ‘non-punishment provision’, one of the key concepts of the Convention. The non-punishment provision requires Parties to provide for the possibility of not imposing penalties on victims of trafficking for their involvement in unlawful activities, to the extent that they have been compelled to do so. The chapter begins with a short introduction, generally providing an overview of the main issues covered by the chapter. It then reviews the drafting history or preparatory work of the provision; provides a comparative analysis of this provision in the context of other international or regional legal instruments focused on human trafficking; and finally discusses issues of interpretation. The chapter closes with conclusions.

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Ryszard Piotrowicz and Conny Rijken

This chapter provides commentary on Article 16 of the CoE Convention against Trafficking, which deals with the repatriation and return of victims. This provision requires, for instance, that Parties establish repatriation programmes aimed at avoiding re-victimisation, and to ensure specific risk assessments in case of children, prior to return. It begins with a short introduction, generally providing an overview of the main issues covered by the chapter. It then reviews the drafting history or preparatory work of the provision; provides a comparative analysis of this provision in the context of other international or regional legal instruments focused on human trafficking; and finally discusses issues of interpretation. The chapter closes with a conclusion.