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Marital strife simulator 20151/17/2024 Criminalizing behaviours which are not crimes by any international legal standard, e.g., running away from home without permission, failure to respect modesty and dress codes.An example is abortion, even when undertaken on medical grounds. Criminalizing forms of behaviour that can only be performed by women.Criminalizing forms of behaviour that are not criminalized or punished as harshly if they are performed by men, e.g., premarital sex, adultery and prostitution.Recognizing the breadth of discrimination based on gender identity and sexual orientation, examples of discriminatory laws also include laws criminalizing homosexuality or other forms of same sex intimacy or laws excluding sexual violence against an individual of the same sex from the definition of rape or other forms of violence (see Topic 3 of this Module).Įxamples of discriminatory criminal codes and criminal procedures The table below highlights examples of gender-discriminatory aspects of substantive and procedural laws (United Nations, 2018). Criminal law and procedure are no exception. Laws, policies and institutions are articulations of the gendered inequalities, stereotypes, norms and values that are prevalent in cultures and societies. Discriminatory laws affecting women disproportionately This section focuses on two of those gender-based issues: discriminatory laws affecting women disproportionately, and violence against women as pathways for offending. Many are in prison as a direct or indirect result of the multiple layers of discrimination and deprivation experienced at the hands of their husbands, family and the community (UNODC, 2014, p. In general, a large majority of women in conflict with the criminal law do not pose a risk to society and their imprisonment does not help, but hinderstheir social reintegration. The United Nations Special Rapporteur on violence against women, its causes and consequences, notes that these pathways include: a strong correlation with experience of prior violence and abuse coercion into crime by an abuser or a person of influence abortion in countries where it is illegal or legal only under limited circumstances the commission of 'moral' crimes such as adultery running away, for example, to escape violence being held in prison for protection purposes (protective custody or detention) long periods of pretrial, immigration and/or refugee detention and human trafficking (Manjoo, 2013). It is important that these factors are considered in order to understand the ways in which pathways of offending and incarceration are gendered. There are certain factors that affect women differently, and often disproportionately, to men. Whereas a comprehensive criminological and sociological analysis of the significant increase in the number of women in prisons is beyond the scope of this Module, it is necessary to adopt a gender lens in understanding the rise in women prisoners. Such a dramatic increase, in less than two decades, in the number of women and girls in prison worldwide, raises questions about criminal codes, the functioning of criminal justice systems, and socio-economic factors affecting crime rates. While the global prison population grew by approximately 21 per cent from 2000 to 2016, that of imprisoned women and girls grew by 53 per cent during the same period (Walmsley, 2017). The percentage of women in prison is growing globally and at a faster rate than the male prison population. While women often relate to criminal justice systems as victims of crime, recent trends indicate that a growing number are featuring as suspects, accused and prisoners. Understanding gendered pathways of offending and incarceration The Committee also stressed the importance of addressing stereotyping and gender bias in the justice system and its particularly harmful impact on women (CEDAW Committee, General Recommendation 33, para. Frequently, States parties have discriminatory constitutional provisions, laws, regulations, procedures, customs and practices that are based on traditional gender stereotypes (CEDAW Committee, General Recommendation 33, para. As noted by the CEDAW Committee, gender-based discrimination is based on gender stereotypes, stigma, harmful and patriarchal cultural norms and gender-based violence, all of which adversely impact on the ability of women to gain access to justice on an equal basis with men (CEDAW Committee, General Recommendation 33, para. This topic provides an overview of gender-based discrimination encountered by women at various stages of criminal justice system, with a particular focus on gendered pathways to offending and incarceration access to justice and key issues and challenges concerning women's imprisonment. Topic one - Gender-based discrimination and women in conflict with the law
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