IBA Annual Conference Miami 2022

30 Oct - 4 Nov 2022

Room 234, Level 2

Session information

Modern slavery – punishing the victims and why this must stop
Room 234, Level 2
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Global Employment Institute (GEI) (Lead)
Criminal Law Committee
Human Rights Law Committee
IBA Legal Policy & Research Unit
Immigration and Nationality Law Committee
Poverty and Social Development Committee
Pro Bono Committee


HumanRightsOn 16 February 2021, the European Court of Human Rights held that the non-punishment principle is a component of States' obligation under Article 4, the prohibition of slavery, servitude and forced labour. The principle stipulates that the involvement in unlawful activities by trafficked persons which results from exploitation, should not be criminalised and punished. Such unlawful activities include both 'specific forms of exploitation' that trafficked persons may be coerced to do (such as engaging in illegal work, drugs cultivation, or soliciting prostitution). The IBA has engaged on a project with the British Institute of International and Comparative Law (BIICL) to produce unique research of the principle through a comparative analysis of how the non-punishment principle is applied in law and practice across different jurisdictions. The session will look at how the principle is applied across different jurisdictions, and will discuss recommendations to improve the legislative provision and practical implementation, including through due diligence laws imposed on corporates. It will also reference a pilot program to train lawyers and law enforcement personnel on the principle of non-punishment and ancillary matters and the creation of a dedicated online platform on the IBA/BIICL websites which will contain which will host videos, podcasts and web links to interviews with experts and practitioners from NGOs, international organisations and multi-stakeholder initiatives accessible to the public, as well as to legal professionals.

Session / Workshop Chair(s)

Maria Pia Sacco Pillar Two, Modena, Italy; Special Projects Officer, Business Human Rights Committee
Peter Talibart LL.M. Seyfarth Shaw, London, England; Vice Chair for Institutions, Global Employment Institute (GEI)


Dr Felicity Gerry KC Libertas Chambers UK & Crockett Chambers Melbourne, Melbourne, Victoria, Australia
Noemi Magugliani BIICL, London, England
Anne O'Donoghue Immigration Solutions Lawyers, Sydney, New South Wales, Australia; Vice Chair for Diversity and Inclusion - Global Employment Institute (GEI)
Hon Angelica Zayas G.R.A.C.E. Court, Miami, Florida, USA