Penal Reform International and Women Beyond Walls have published a report highlighting existing laws which criminalise women due to poverty or status worldwide.
The report examines how women in poverty are disproportionately targeted by the law, often resulting in cycles of imprisonment and criminalisation. The report calls for urgent reforms to end the criminalisation of women for poverty, survival strategies and gendered norms.
Since 2000, the global female prison population has increased by 57%, compared with just a 22% increase in male population. Mary Robinson commented that “We must collectively resolve to reform practices that criminalise women for their socio-economic status and vulnerabilities”
The report focusses on 5 main areas, which are summarised below:
-
Laws and policies which criminalise women for life-sustaining activities and acts of survival. Women are frequently prosecuted for life-sustaining activities such as petty theft, begging, informal work, vagrancy, homelessness, and debt-related offences. In England and Wales, for example, nearly one-third of prosecutions against women are for non-payment of a TV licence.
-
Harsh drugs laws are driving increase in female incarceration. Drug offences account for 35% of imprisoned women, compared to 19% of imprisoned men. The report comments that ‘patriarchal assumptions about gender roles’ result in women receiving harsher sentences.
-
There remain countries where women are criminalised for acts relating to ‘honour’ or ‘morality’. Examples include adultery laws in Pakistan and Morocco, driving bans in parts of the Middle East, and dress code laws such as burqa bans in France, Denmark, and the Netherlands.
-
Women are criminalised due to their sexuality, gender identity, reproductive or mental health status. Women continue to face legal penalties based on their sexuality, gender identity, reproductive choices, and mental health.
Suicide and attempted suicide remain criminal offences in 25 countries, despite strong links between gender-based violence and suicidality.
Women in prison | Prison Reform Trust found that women are much more likely than men to self-harm whilst in prison, with women making up 29% of all self-harm incidents despite making up only 4% of the prison population in 2022.
Many incarcerated women are survivors of serious abuse. Over half report experiencing domestic violence, and 53% report childhood abuse. Women in Prison identified that women are often coerced into offending by abusive partners, particularly in ‘joint enterprise’ cases, for which there is currently no legal defence.
-
There is an urgent need for more gender-disaggregated data and analysis. The report highlighted that there were difficulties with the study due to limited research from a gender responsive focus.
Broader Impacts and Institutional Failures
The criminalisation of women has far-reaching socio-economic consequences, affecting not only the women themselves but also their families. NACRO note that in England and Wales, two-thirds of incarcerated women have children under 18. Nearly 70% are imprisoned for non-violent offences, and over half serve sentences of less than six months. This is disruptive for families, unnecessary, and can be disproportionate to the offences committed.
Conditions within women’s prisons also remain concerning. In 2024, assault rates were significantly higher in female prisons (549 incidents per 1,000 prisoners) than in male prisons (333 per 1,000).
How Farleys can help
Farleys regularly deal with claims against the prison service and inquests into deaths in prison.
Farleys are currently instructed on an inquest following the death of Ms A, who was transferred from HMP Styal to hospital, where she later died. The Prison and Probation Ombudsman clinical reviewer concluded that the clinical care Ms A received whilst in prison was of a variable standard and only partially equivalent to that which she could have expected to receive in the community.
To speak with a member of our team in confidence about making a claim against the prison service or for representation at an inquest, please call 0845 287 0939, get in touch by email, or use the online chat below.
