Women in Criminal Justice Systems and the Added Value of the UN Bangkok Rules

Abstract

Many argue that treating women differently in the criminal justice system constitutes discrimination, that women prisons are “nicer” anyway, and that the focus should be on the majority (male) prison population, given the low number of female suspects, defendants and prisoners. Others reason that for decades the attention has been focused entirely on male offenders and prisoners, and that the specific backgrounds and needs of women have been overlooked long enough to justify increased attention on this particularly vulnerable group. Is discrimination against women in the criminal justice system a myth? Are women offenders and prisoners “better off” anyway? Do prosecutors and judges deal more leniently with female offenders? Shouldn’t prison conditions and rehabilitation programmes be the same for both men and women, and aren’t they in correctional facilities nowadays anyway? This chapter seeks to outline aspects of discrimination faced by female suspects, defendants and prisoners in criminal justice systems, their number, profile and characteristics, and the offences they are typically charged with or convicted for, drawing on findings from a number of recent research studies. Based on the specific characteristics and needs of female offenders and prisoners the chapter highlights the respective standards established by the United Nations Rules for the Treatment of Women Prisoners and Non- custodial Measures for Women Offenders (the Bangkok Rules), adopted by the UN General Assembly in December 2010.