A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 66
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International law places an obligation on States to impose effective and proportionate punishments for trafficking and related offences. When considering the appropriate standard, it is important to recognize that punishments that are disproportionate to the harm caused will create distortions that can only hinder effective criminal justice responses. For example, inadequate penalties can fail to deter future crimes and to deliver justice to victims, and potentially impair the effectiveness of international cooperation procedures, such as extradition, which are triggered by a severity test linked to the gravity of sanctions. On the other hand, rigid or extremely severe punishments, such as mandatory minimum custodial terms or provisions for capital punishment, may not meet the required human rights and criminal justice standards.
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Non-negotiated soft law
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Special Rapporteur on trafficking in persons, especially in women and children