Revictimization of Human Trafficking Victims: The Absence of Effective Remedy in the Implementation of Italian Anti-Trafficking Legislation

Human trafficking remains a pressing human rights concern, particularly when victims face revictimization due to a flawed implementation of existing norms. This thesis examines the effectiveness of Italian anti-trafficking legislation, highlighting the absence of effective remedy for trafficking victims. After briefly discussing the present legislative framework, the dissertation identifies three critical aspects: the lenghty duration of trials and its implications on prosecutorial discretion; the challenges encountered during the incidente probatorio procedure; and the lack of the non-punishable clause in the Italian legal system. Each of these aspects is analyzed in relation its corresponding human rights implications, supported by case studies. By combining GRETA’s and ASGI’s considerations, European human rights jurisprudence, and the expertise of field experts, the research identifies systemic failures that contribute to re-victimization, in the form of secondary victimization, state complicity to trafficking, and barriers to access justice. The study concludes with the consideration that Italy should ensure a comprehensive protection for trafficking victims, by either concretely implementing existing legislation or undertaking legal reforms, in compliance with a human rights and victim-centered approach. This is pivotal given the inherent condition of vulnerability of THB victims, and the recognition that the lack of effective remedy not only violates international legal standards, but also renders jurisdictional laws illusory and merely symbolic.