Gender inequality in criminal justice systems is an international problem that violates women’s human rights in all countries. Female prisoners are mostly from vulnerable and economically and socially disadvantaged backgrounds, and they experience double deprivation in prison, as the structure and culture of prisons have historically been designed for male prisoners. Despite the efforts of human rights activists, feminists, and gender equality advocates to address human rights and equality, discrimination against female prisoners and deprivation still exist in many prisons around the world – even in North American and European countries – because power dynamics based on gender and sexuality also prevail in prisons. Therefore, the unique and layered experiences of women in prison require an analysis and examination of the criminal justice system, access to justice, discriminatory laws, gender gaps in the political, economic, and social spheres, and regressive attitudes that are not being addressed by governments, despite the increasing number of female prisoners in the world, including political and religious prisoners.

The increasing number of incarcerated women worldwide is one of the concerning global indicators and poses various challenges, as the prison infrastructure is designed to accommodate men and not the human needs that female prisoners also require. It is estimated that 741,000 women and girls are currently imprisoned worldwide, showing a 17% increase since 2010. For example, in the United States – which has one of the highest numbers of incarcerated individuals in the world – there were 11,600 female prisoners in state and federal prisons in 1978, and this number increased to 83,300 in 2021, showing a 600% growth. According to the American Civil Liberties Union, in 2023, there were approximately 172,700 women and girls in various correctional and detention facilities in the United States, with 165,400 in local, state, and federal prisons and the rest in other facilities. After the United States, countries with the highest number of incarcerated women include China with

The number of prisoners at the global level is also experiencing a growing trend, which saw a sharp decrease during the COVID-19 pandemic but has now resumed its previous trend. To imagine the global prisoner population, it should be noted that this number is more than twice the number of people living in the Central African Republic, Norway, or Singapore, and is approximately equal to the population of the Dominican Republic and Jordan. In terms of gender distribution, 94% of the world’s prisoners are male and approximately 6% are female. However, over the past two decades, the number of female prisoners has increased at a faster rate – a 35% increase compared to a 16% increase for men. The statistics for female prisoners vary in different regions of the world, based on various indicators such as gender gap and economic, social, and political participation. In Africa, this ratio is the lowest at 3 women per 100,000 population. In Asia, this rate is 7 women

The number of prisoners in total, as well as the number of female prisoners compared to the total population, is one of the international indicators for measuring the effectiveness of criminal and judicial systems in the world. Countries with the highest number of female prisoners per population (meaning the number of female prisoners per 100,000 people) are primarily the United States (64), Thailand (47), El Salvador (42), and Russia (27). However, in some countries, including Iran and China, there is no accurate statistics on the number of prisoners due to various reasons.

One of the goals of sustainable development is to promote the rule of law at the national and international levels and ensure equal access to justice for all. In addition to the indicator of the number of prisoners relative to the total population, the number of prisoners without conviction relative to the total population has also been identified as an indicator and measure of the efficiency of the judicial system. However, like other indicators of sustainable development, such as gender equality – Goal 5, which is only 6 years away from 2030 – not only has the global community not taken a significant step towards achieving sustainable development goals, but in many cases, it has even taken a step backwards.

It is clear that a significant portion of incarcerated women are women with ordinary crimes. Both women with ordinary crimes and women with political and ideological reasons share common characteristics and challenges on a global level. The multiple identities of women encompass a spectrum of challenges and deprivations for incarcerated women. The intensity of challenges and discrimination depends on the level of gender gap, access to justice, legal discrimination, and the level of patriarchal culture in these countries.

Women prisoners are ordinary.

Female prisoners often come from marginalized backgrounds and face issues such as poverty, mental illness, and a history of abuse and trauma. Many of them end up in prison due to non-violent crimes related to poverty.

Women prisoners face more mental and social pressures than men and after their release, they are faced with numerous challenges in rebuilding their lives and adapting to a normal life. Many encounter various obstacles in finding work and housing after their release.

The relationship between female prisoners and their families and children is greatly affected. They often lose custody of their children or their children grow up in prison, and in general, their relationships with friends and family are greatly damaged.

In some countries, especially in Muslim-majority countries, women are imprisoned for “moral crimes” or offenses such as “adultery,” “indecency,” or “disobedience” – which criminalize specific behaviors of women and reflect patriarchal cultural norms – and are subjected to heavy sentences and discrimination by the judicial system.

There is a wide range of literature on sexual harassment, gender-based violence, and sexual abuse of incarcerated women, which, although written and spoken about in some cases, is rarely prosecuted.

Reducing the prison population and managing the return of incarcerated women to society requires policies and gender analysis, as well as broader reforms in criminal laws.

Women Political and Ideological Prisoners.

The growth in the number of female prisoners also includes those who have been imprisoned for religious and political reasons, although they make up a much smaller percentage of all female prisoners worldwide. Female prisoners, for religious and political reasons, face common challenges with regular female prisoners in areas such as “female prisoners and motherhood”, “female prisoners and sexual-gender-based violence”, “health and hygiene in prison”, and other issues, but they also have their own unique characteristics.

Women prisoners are usually among urban, educated and intellectual women (some without higher education) for ideological and political reasons.

The relationship between incarcerated women and their children, whether they are in prison or outside of it, is often affected by their religious and political beliefs. However, these women are usually supported by friends, family, and the community. This positive support has a significant impact on reducing the damage to the relationship between these women and their young children.

Women prisoners face numerous challenges after their release due to their beliefs and political reasons, but social support and the support of friends and family make the path easier for them.

Women prisoners are subjected to sexual and gender-based harassment and abuse for their religious and political beliefs, but they are also subjected to severe and inhumane torture for confessions and obtaining information, which causes deadly harm to their mental and physical health.

On a global level, Latin American women make up the largest number of political and ideological prisoners. In the book “Surviving Beyond Fear: Women and Torture in Latin America,” published ten years ago, it is stated that fascist military regimes in Latin America designed patterns of punishment specifically for women who actively opposed the oppression and exploitation imposed by dictatorial governments, or resisted in any way. Sexual slavery was one of the tortures inflicted on female political prisoners throughout Latin America. In this book, the author focuses specifically on the sexual torture of female political prisoners – who were citizens of Argentina, Chile, and Uruguay – and analyzes the nature of this torture and how the old patterns of torture and social stereotypes are manipulated by torturers to obtain information. In recent years, various reports have emerged about female political and ideological prisoners in Nicaragua, Venezuela, Cuba, and other Latin American countries. In Asia, human rights NGOs and feminist organizations have brought attention to the stories of female political prisoners and hold governments accountable.

In any case, in various levels of prisons for women around the world, various forms of gender inequality, harassment, humiliation, and sexual-gender-based torture are reproduced and strengthened, and prison becomes a space full of various hardships for women prisoners under the management of the government or private companies.

Female prisoners in Iran.

Women prisoners in Iran, like other parts of the world, are one of the most vulnerable and deprived sections of Iranian society. Historically, prison and prison guards have been synonymous with male prisoners, and the placement of women in this space, considering their specific needs, is actually a double deprivation imposed on women prisoners; especially in countries like Iran where the design of women’s prisons or a separate section for women in prisons is not a priority for those in power to invest in.

The conditions of women in Iranian prisons are a symbol of pain and suffering, more than deprivation, discrimination, challenges, and harassment that women and girls experience outside of prison. As a result, ordinary imprisoned women in Iran are among the most deprived.

The minimum standard rules for the treatment of prisoners were adopted by the United Nations General Assembly on December 14, 1990. These rules apply to all prisoners and do not cover the specific conditions and needs of women who experience a higher level of deprivation. Therefore, in 2010, the United Nations General Assembly adopted the United Nations Rules for the Treatment of Women Prisoners and Non-custodial Measures for Women Offenders, also known as the “Bangkok Rules”. The Bangkok Rules pay special attention to the vulnerability of women, especially their children, and examine the relationship between mother and child in prison while preserving the rights and health of the child. These rules emphasize that women prisoners should have access to facilities to contact their relatives, access to legal counseling, information about prison laws and regulations, and employment opportunities – if needed – and in particular, the right to free contact between mother and child should be granted. Additionally, women prisoners should be placed in prisons near their families so that they can

In addition, alternative measures to imprisonment must be seriously considered in situations where the interests of society are not at risk. The judicial system and judges, at the time of issuing a sentence for women, must pay special attention to the responsibilities of caring for the children of incarcerated women. This special attention should also be observed in the case of conditional early release. Non-custodial sentences for pregnant women and women who are heads of households should be preferred over imprisonment whenever possible.

With a review of the above cases, it should be noted that neither during the previous regime nor in the past forty-five years, has the management of prisons taken into account and respected the above issues and the human rights of female prisoners – whether ordinary or political and ideological. Overcrowding in prisons has led to two thousand female prisoners being held in a space meant for six hundred people on three-tiered beds. There is a severe shortage of basic facilities such as drinking water, sufficient and healthy food, and adequate sanitary services. In many cases, children are kept in unsuitable and poorly lit spaces with polluted air. Insulting, violent, and inappropriate treatment of female prisoners by prison officials occurs even when their children are present. Severe restrictions on personal freedoms are used as a mechanism to exert power and control over the bodies of female prisoners. Additionally, degrading, inhumane, insulting, use of vulgar and obscene language, false accusations, physical searches, assault and harassment, violation of

On the other hand, the necessary services for female prisoners are so limited that it also reflects the class divide within the prison. Prisoners who have financial means can provide for their hygiene and nutrition needs from the prison shop, while those from the poorest and most deprived classes must meet their needs through difficult and inappropriate jobs, often accompanied by reprimand and humiliation.

According to the statements of the head of the Prison Organization, in 1397 (2018-2019), approximately 3% of the 240,000 prisoners in Iran were women. Despite the fact that in the past 45 years, those in power have repeatedly mentioned the reduction of the prison population as one of the concerns of the Iranian judicial system, the number of female prisoners in Iran, like other countries in the world, is on the rise.

Seyed Asadollah Julaii, the CEO of the National Diya Headquarters, explains the reason for women’s imprisonment in unintentional crimes: “95% of these individuals are imprisoned due to issuing checks or guarantees for others (usually their children), and the remaining 5% are also imprisoned due to workplace accidents and inability to pay diya resulting from these accidents.”

He also states that “one of the bitter points that I must mention is the increase in the trend of women entering prisons; a subject that, in regards to non-intentional crime convicts, can even be said to have doubled. The population of convicts has doubled in recent years, and they are in need of cultural institutions’ activities to prevent the unwanted entry of individuals into prisons, rather than needing a progressive law.” (2).

Based on the above statements and according to statistics provided by the head of the prison organization, there are approximately 7,200 (3% of 240,000 prisoners) female prisoners in Iran. However, these statistics – as mentioned – are for five years ago and undoubtedly, during these years, this population has also had significant growth. Of this number, according to the statistical report of HRAHANA on December 1402, there are 113 female political and ideological prisoners in Iranian prisons. (3) The number of detained women is also growing significantly as harassment, arrests, and large-scale convictions of women who protest against the imposition of violent hijab are on the rise. According to the statistical report of the Human Rights Activists News Agency, only in April of this year, 502 cases of detained protesting women, 30,503 cases of improper hijab, and 3 cases of sexual assault and harassment have been recorded. (4) Many women who are arrested for

According to the report by Harana, in honor of March 8th, which lists the charges and convictions of women political prisoners in Iran, the majority of these prisoners are charged with religious and political beliefs, anti-regime propaganda, conspiracy, spreading lies, inciting public opinion, membership in opposition groups, activities on social media with the goal of disrupting public order, collaboration with hostile countries, insulting the leadership, interviews with foreign media, publishing photos without hijab, unveiling hijab, waging war and disrupting public order. (3) This is while, according to human rights organizations, most of these charges have no real basis and the imprisoned women are only protesting for their own demands and human rights. The statements, interviews, and actions of many imprisoned women, who promote and encourage courage, clearly show that they have not spread lies, collaborated with hostile countries, or taken any action against national security.

The global community is recognizing the unwavering struggle of Iranian women by awarding prizes to imprisoned women, including Nasrin Sotoudeh who received the Nobel Peace Prize and Narges Mohammadi who has been presented with various awards. They strive to protest against the deprivation of their freedom and the increasing security and judicial pressures on political and ideological imprisoned women.

In December of last year, out of 61 women who were political and ideological prisoners in Evin Women’s Prison, 13 were deprived of the right to make phone calls, 16 were denied medical care, and 19 others were being held in uncertain conditions. Out of these 61 women, 4 were over the age of 71 and 10 were over the age of 60. These statistics were reflected in a report on Narges Mohammadi’s Instagram page and are representative of the challenges faced by political and ideological female prisoners in Iran.

The large and disproportionate sentences against women are also seen as one of the clear attempts to silence the voices of protesters, which experience has shown to be ineffective. The confirmation of the sentence of over 60 years in prison for women’s rights activists in Gilan province by the appeals court in June of this year is one of the recent cases of heavy sentences for women’s rights activists.

The campaign statement titled “Witnesses Speak and People Judge” on Negar Mohammad’s page on June 5th, and the fact that sexual assault and harassment are used as tools to suppress and break the spirits of political and ideological female prisoners, once again highlights the issue of sexual abuse, assault, and exploitation of female prisoners. Reports from the United Nations Truth Commission, Amnesty International, and the comprehensive report from the Human Rights Watch also emphasize these abuses and harassment. The fact that the perpetrators of these human atrocities have never been brought to trial is a reflection of the lack of independence in the judicial system. However, witnesses and narrators of sexual violence in prisons, not only in Iran but also in other countries, will not be silenced even with imprisonment and increased pressure, and will continue to break the walls of silence that have been going on for decades.

Both those who are imprisoned due to economic violence, poverty, and lack of providing for their family’s basic needs, and women who are unjustly imprisoned for standing up for their own human rights and the rights of other women, deserve to benefit from the human rights of female prisoners based on international laws, and their imprisonment should not be a sentence for forgetting their humanity.

Nelson Mandela accurately pointed out that “no one truly knows a nation until they have been inside its jails. A nation should not be judged by how it treats its highest citizens, but rather its lowest. In fact, understanding how the most marginalized and oppressed citizens of a nation – especially those in prison – are treated, highlights the true character and values of that nation.”

Notes:

1- Despite the fact that the United States holds the largest number of prisoners in private prisons, Australia, New Zealand, Scotland, Wales, and at least 11 other countries also have private prisons.

2- Alarming Growth of Female Prisoners in Non-Intentional Crimes, Mashregh News, October 7, 2017.

3- International Women’s Day; Comprehensive List of Women Prisoners of Conscience in Iran, Hrana News Agency, 16 Esfand 1402.

4- For more information, refer to: Monthly Report; An Overview of Human Rights Situation – Ordibehesht 1403, Statistical Institution, Publication and Works of Human Rights Activists in Iran, Hrana News Agency, 1 Khordad 1403.