A recent report highlights how biased legislation and poverty are contributing to a significant rise in the number of women incarcerated worldwide. The study reveals that laws concerning abortion, debt, and dress codes are leading to women being imprisoned at a rate twice that of men. The global female prison population now exceeds 733,000 and is increasing more rapidly than the male prison population, which has grown by 22% since 2000, compared to a 57% rise for women and girls.
This groundbreaking report, released on March 17, examines how survival-related actions are criminalized, disproportionately affecting women. Many are jailed for minor thefts, such as stealing food for their children, begging, or working in informal sectors. Additionally, women are often imprisoned for debts, which contravenes international law, according to Penal Reform International and Women Beyond Walls.
Sabrina Mahtani from Women Beyond Walls stated that prisons are unsafe for women and their children. Instead of investing in community support and services, countries continue to criminalize marginalized groups. Sia Fatmata Deen, a former police officer in Sierra Leone, shared her experience of being imprisoned for over a year due to a workplace misunderstanding. She noted that many women she encountered were criminalized for poverty-driven actions, with common charges including "fraudulent conversion" and "obtaining goods or money by false pretence" under outdated colonial laws.
Civil society groups argue these laws are misapplied, criminalizing debt and affecting women who are victims of domestic abuse or those who turn to sex work or drug sales to support their families. Deen emphasized that poverty drives women to desperate measures, leading to legal conflicts. She criticized Sierra Leone's justice system for its shortcomings.
Globally, women continue to face arrest under colonial-era laws, including those against abortion, attempted suicide, and same-sex relationships. Although these laws are often framed as gender-neutral, they disproportionately impact women due to systemic gender biases. In some countries, laws against witchcraft target women who defy gender norms, particularly those who are unmarried, widowed, or childless.
Restrictions on women's dress and appearance are also common. In May 2022, Zambian influencer Iris Kaingu was arrested for "indecent dressing" after wearing a see-through dress to a fashion event. In Iran, new morality laws have introduced severe penalties for not wearing a hijab, including lengthy prison sentences and even the death penalty for promoting indecency.
The report warns that the female prison population could soon surpass one million and calls for more comprehensive data collection, alternatives to incarceration, and the decriminalization of laws that violate human rights and international standards.