A/HRC/41/33 the lower levels of drug networks. Similarly, the legacy of colonization and systemic marginalization, ensuing high levels of poverty, dire financial and social stress, and significant gaps in opportunities and well-being between indigenous and non-indigenous women, leading to exposure to alcohol and drug use, aggravates the disproportionate incarceration of indigenous women. Disproportionate criminalization of indigenous women and those from racial minorities remains a significant problem. 63. Women’s economic subordination exposes them to being associated with or blamed for criminal acts committed by family members, in particular their male partners or spouses (see A/68/340). For example, many women are incarcerated for having dangerous arms, drugs or other illegal items in their homes when the owner is really their partner. However, because of their subordinate role in the household, they cannot stop their partners from bringing into or keeping such items in the home. As a result, they end up incarcerated, at times with a heavier sentence than is justified. Women’s exposure to violence and conflict D. 64. Women’s lives and liberty are also shaped by their exposure to violence and conflict, which puts them at risk of non-judicial confinement and can lead to their incarceration in a number of ways. 1. Violence in the home and the community 65. Many women experience violence at the hands of family members, caregivers, partners, friends and acquaintances. Domestic and community violence often manifests in the form of home confinement, in which women are prohibited from leaving the home or coerced to remain in a certain location. Kidnapping or abduction also result in severe restriction of their freedom of movement. Sexual violence and sexual harassment are sometimes used as a tool to intimidate and restrict women’s access to public spaces and pressure them to stay confined in private/family contexts. In many cases, there is a linkage between women’s exposure to violence and their experience of confinement. For example, vulnerability to violence has been a pathway to the indefinite administrative detention of hundreds of women in Jordan in the form of “protective” custody. 35 66. The presence of violence in women’s lives profoundly shapes them and increases their chances of institutionalization or incarceration. For example, more than 50 per cent of incarcerated women report childhood experiences of emotional, physical or sexual abuse, while such experiences are only reported by about 25 per cent of incarcerated men. Moreover, many girls may be removed from parental care and end up in institutions because of family violence, including psychological, physical and sexual violence. 36 Fear of family or community violence against older or widowed women accused of superstitious practices is also the main driver for those women fleeing to the margins and staying confined in “camps” (see paras. 28 and 48 above). 67. Minority women may face higher rates of violence and greater exposure to incarceration. Similarly, violence has been found to play a significant role in the lives of indigenous women, contributing to the likelihood of their involvement with the criminal justice system. 68. Exposure to violence may increase women’s contact with the police and thus increase their risk of criminalization. The Working Group has received reports of women calling the police to complain about domestic violence, only to be subsequently arrested and incarcerated on charges such as disorderly conduct, violation of public peace and order, immigration status or miscarriage. Women who face violence may often be reluctant to contact law enforcement agents for fear of further violence or discrimination against them, 35 36 See Human Rights Watch, “Guests of the governor: administrative detention undermines the rule of law in Jordan” (2009). Family violence is one of the leading causes of children being removed from their families and placed in institutions. See Paulo Sergio Pinheiro, World Report on Violence against Children (2006). 15

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