A/HRC/41/33 judiciary, police or security forces and administrative agencies still tend in most States to be dominated by men (see A/HRC/23/50). Similarly, the medical profession, psychiatry in particular, remains dominated by men, while playing an important role in decisions concerning the confinement of women. That presents a challenge in ensuring that women’s perspectives are adequately incorporated and often results in gender discrimination and overreliance on gender stereotypes. 9 The confinement of women in a private context also occurs in overly patriarchal social and family structures. 19. Three main forms of gender stereotypes may lead to and justify women’s confinement: stereotypes related to women’s roles in the home and in public, stereotypes related to women’s “moral” or sexual behaviour and stereotypes that portray women as weak or in need of protection. All three are deeply entrenched in patriarchal norms and mutually reinforcing, and commonly operate to benefit or privilege certain groups of men. Policing of women’s public and private roles 1. 20. In many parts of the world, the myth that women are inferior and “should be seen and not heard” continues to permeate society, influencing both law and cultural practice (see A/HRC/29/40). That stereotype dictates the way women are expected to behave in both the private and public spheres. 21. Within the home, women are expected in many societies and by many ideologies to be governed by men. That expectation is underpinned by notions of “sex difference” or “complementarity” that assign men the role of the (dominant) provider and women the role of the (subordinate) caretaker.10 That dichotomy often undervalues women’s contributions, leading to an understanding of women, and particularly girls, as an economic burden on the household rather than rightfully equal members. 22. Understanding of women as subordinate within the family may be built into the law in a manner that reinforces male control and restricts women’s agency and mobility, and can lead to their confinement. That is demonstrated in several States that maintain legal codes requiring married women to obtain their husband’s permission to leave the house, or requiring all women to obtain the permission of a male “guardian” to engage in public activity, sometimes at the risk of confinement by the State if they do not comply with their guardian’s wishes. 11 Gender stereotyping also plays a role in stripping women of legal capacity, which may result in decisions leading to their confinement. 23. Even where the formal legal system does not dictate that women are subordinate to men, women’s failure to demonstrate adequate compliance and submission can result in their incarceration or institutionalization. Women who display “unfeminine” behaviour (for example, being violent or drinking alcohol) may be more at risk of arrest or aggravated charges.12 Research among girls, in particular, has shown that behaviour that is perceived in girls as being “violent” and worthy of institutionalization, in boys might be understood as minor or legitimate self-defence. 13 Women who refuse to conform to their families’ commands or expectations risk being labelled as “crazy” and subjected to involuntary 9 10 11 12 13 6 See Andrea Huber, “Women in criminal justice systems and the added value of the UN Bangkok Rules,” in Women and Children as Victims and Offenders: Background, Prevention, Reintegration, vol. 2, Helmut Kury, Sławomir Redo and Evelyn Shea, eds. (Springer International Publishing, 2016). See Gila Stopler, “Countenancing the oppression of women: how liberals tolerate religious and cultural practices that discriminate against women,” Columbia Journal of Gender and Law, vol. 12, No. 1 (2003). See Samar El-Masri, “Challenges facing CEDAW in the Middle East and North Africa”, International Journal of Human Rights, vol. 16, No. 7 (2012). See Suzanne Young, “Policing ‘uncontrollable banshees’: factors influencing arrest decision making,” Safer Communities, vol. 14, No. 4 (2015). See Meda Chesney-Lind and Randall G. Shelden, Girls, Delinquency and Juvenile Justice, 4th edition, (Chichester, West Sussex, John Wiley and Sons, 2014).