El principio de no penalización de las víctimas de trata: Obstáculos y perspectivas para su aplicación en el derecho migratorio internacional

Objective: This article examines the obstacles in the application of the non-punishment principle (PNP) to victims of human trafficking in international migration law, with emphasis on the interpretative difficulties regarding the definition of victim and the legal status of the PNP in the Palermo Protocol. Methods: The research uses a dogmatic approach and a critical analysis of international legal instruments, key judicial decisions and specialized migration law doctrines, complemented by a human rights approach. International legal documents, doctrines and opinions of specialized human rights bodies are reviewed. Results: The study reveals an absence of consensus on the status of the PNP as a principle of international law, as well as interpretative divergences in the application of the PNP due to the lack of explicit codification in the Trafficking in Persons Protocol. This generates unfair criminalization of victims and limits their legal protection. Conclusions: A consistent human rights-based approach is essential to improve the protection of trafficking victims. Despite the recognition of the PNP in some international instruments, its application faces challenges due to interpretation and the absence of its codification in key treaties.