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From poverty
to punishment

Examining laws and practices which criminalise women due to poverty or status worldwide.

Table of contents

Report findings

Calls to action & report recommendations

Introduction & the issue

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Despite its rapid growth

Women’s detention is largely overlooked in policy-making and high-level forums on women’s rights. 

Introduction
& the issue

This report published by Penal Reform International and Women Beyond Walls, both members of the Global Campaign to Decriminalise Poverty and Status, examines some of the laws and practices across the world that, while not explicitly targeting women, disproportionately criminalise them due to poverty, their vulnerability and/or their status as a woman.

INTRODUCTION

Globally, the number of women who are criminalised and imprisoned is rising at an alarming rate. More than 733,000 women and girls are estimated to be in prison worldwide. The female prison population has increased by 57 percent since 2000.

THE ISSUE

Women and girls are estimated to be in prison worldwide

overrepresented amongst the poor, resulting in the criminalisation of poverty having an excessive impact on women. 

POVERTY 

is not gender-neutral, and women are

and patriarchal norms means women are targeted due to their socially constructed status as women, with laws and practices that disproportionately or differently impact them due to their gender.

GENDER DISCRIMINATION 

“This report casts a penetrating light on the often-overlooked plight of women ensnared in criminal justice systems. The staggering rise in the number of incarcerated women – driven by poverty, abuse, and discriminatory laws – demands urgent redress. Behind each statistic lies the story of a woman whose potential has been stymied by inequality and injustice.” - Mary Robinson

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Report
findings

REPORT FINDINGS

Laws and policies criminalise women for life-sustaining activities
and for survival.

FINDING

1

Harsh drug laws are driving the increase in women’s imprisonment.

FINDING

2

In some countries, women are criminalised for acts or behaviours relating to 'honour' or 'morality' or cultural beliefs.

FINDING

3

Women are criminalised due to their sexuality, gender identity, reproductive, or mental health status.

FINDING

4

There is an urgent need for more gender-disaggregated data and analysis.

FINDING

5

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REPORT RECOMMENDATIONS

Report
recommendations

CALLS TO ACTION

01.

participatory research and resourcing for further in-depth research on this overlooked issue. A focus on several parts of the world where little data or analysis is available publicly should be prioritised (including the Caribbean, Middle East, and North African regions).

DATA

collection should be prioritised, including

02.

affect women disproportionately so that evidence-based, community-led solutions are adopted instead of criminalisation.

UNDERSTAND

how laws and policies

03.

international law and human rights standards and accompany such legal reforms with awareness-raising and engagement initiatives to remove stigma and gender-based discrimination.

DECRIMINALISE

laws that violate

04.

organisations and experts, including women with lived experience, in any reform efforts. Their insights should inform reform initiatives, research initiatives and service improvements.

CENTRE

the leadership of community-led

05.

criminalisation and prosecution while law reforms are ongoing to decriminalise offences which exclusively or disproportionately impact women due to poverty or status. Rather, criminal justice systems should adopt a range of measures to mitigate the impacts of such laws.

AVOID IMPRISONMENT

01.

Centre the leadership and involvement of women with lived experience and affected communities in reform efforts.

02.

Decriminalise laws that relate to income-generating activities due to poverty.

03.

Decriminalise offences related to debt, alongside efforts to understand and address causes of debt

04.

End the criminalisation of non-payment of fines.

05.

Decriminalise ‘status’ offences including crimes of ‘honour’ or ‘morality’.

06.

Decriminalise seeking or carrying out an abortion.

07.

Decriminalise witchcraft and sorcery and implement a comprehensive programme to engage communities.

08.

Decriminalise sex work, recognise, protect sex
workers’ rights.

09.

Decriminalise offences criminalising same-sex sexual conduct.

10.

Reform drug laws with a gender-lens to address disproportionate impact on women.

11.

Decriminalise suicide and invest in mental health services.

12.

Abolish the death penalty and implement immediate safeguards.

“This critical report sheds light on a group of women whose plight is often overlooked. As the report stresses, we need more gender-disaggregated data and participatory research to fully address the increasing numbers of women who are being criminalised and imprisoned due to poverty and discrimination.
 
Governments must make this data publicly available and include their efforts to reduce the number of women in prison in their periodic reports to UN bodies, such as CEDAW, as mandated by international standards.” - Patsilí Toledo Vásquez