A/HRC/41/33
from a racial minority in the United States of America to be more than twice as likely as
women from the majority group to receive a sentence of incarceration for drug-related
crimes. Indigenous women in Australia are also notably overrepresented in prisons; they
make up only 2.2 per cent of the population of women, but around 34 per cent of women in
prison. In Canada, a disproportionate number of indigenous women are to be found in
solitary confinement.
28.
Negative stereotypes about female ageing mean that elderly women are perceived as
dangerous and in need of control in some societies. In certain communities, these women
may experience non-judicial confinement and banishment from their homes because of
accusations of witchcraft. 19 Superstitions linked to elderly women and witchcraft are
common in particular regions, such as Africa and the Asia-Pacific region, and gendered
control of power and space heightens the risk of persecution for those who are vulnerable
within family power dynamics.20 Due to extreme fear of witch-hunting or reprisal attacks,
those labelled as “witches” will be exiled to the margins of their communities and forced to
remain confined in “safe” spaces, living in deplorable conditions and experiencing the
worst forms of exclusion. Older women with disabilities are also at particular risk of
confinement in homes or institutions, owing to prejudices based on both age and disability
(see A/HRC/40/54).
29.
Owing to patriarchal norms that embody stereotypes about women’s bodies being
“impure” (for example, during menstruation) and bringing a “curse”, women may be
subjected to seclusion amounting to deprivation of liberty. For example, this has manifested
in the practice of cheupadi in Nepal, a punishable act, which involves isolating and
confining women during their menstruation period, depriving them of the right to move
freely and access basic needs and services.
Policing of women’s “moral”, sexual or reproductive behaviour
2.
30.
Further to expectations to be submissive and deferential to the commands of men,
women are also expected to be morally and sexually “pure”. At the same time, owing to
discriminatory social ideologies, they are sometimes seen as morally weak and with a
tendency to be “sexually misguided”, warranting constant policing of their moral and
sexual behaviour by men. Moreover, owing to gender norms and assumptions, women are
mostly valued for their reproductive role and often regulated accordingly. Those
stereotypes are transcribed into the law or sanctioned by religious and social norms in
several States and, in practice, women who fail to conform to those expectations may be
subject to harsh judgments and face confinement aimed at punishing, regulating or
changing their behaviour.
31.
Typically, patriarchal ideas of women’s “morality” and associated expectations
concerning their public and private behaviour have detrimental effects for women in the
justice system, as they may be subjected to moral judgments founded more on social
expectations than on the crimes they may have committed. Studies show that girls are far
more likely than boys to be arrested for “status offences” (such as truancy or running away
from home), based on social behaviour rather than actual illegal activity, and are more
likely to be sentenced to incarceration for such offences. 21 The expectation that women
should be “better behaved” than men may also lead to heavier penalties for women than
men for the same crimes. Judicial gender bias often subjects women to disproportionate
sentencing for non-conformity with gender stereotypes. In some cases, the penalties may
even surpass aggravated imprisonment and attract the death penalty.
19
20
21
8
See, for example, Marie-Antoinette Sossou and Joseph A. Yogtiba “Abuse, neglect, and violence
against elderly women in Ghana: implications for social justice and human rights”, Journal of Elder
Abuse and Neglect, vol. 27, Nos. 4–5 (2015).
Shelagh Roxburgh. “Witchcraft and space: a theoretical analysis of unseen political spaces in Ghana
and Cameroon.” Canadian Journal of African Studies/Revue canadienne des études africaines, vol.
51, No. 1 (2017).
See Meda Chesney-Lind and Randall G. Shelden, Girls, Delinquency and Juvenile Justice.