This chapter focuses on criminological studies of gender, particularly women’s experiences as offenders and victims, and the extent to which women’s offending and victimisation are interlinked. It begins with an overview of how gender features in criminological studies then considers the origins and principles of feminist criminology, which is a strand of criminology that has heavily influenced criminological studies of gender and crime. The chapter also explores the main theoretical traditions within feminist criminology and the philosophical orientations that influence feminist research. This exploration includes the criticisms levelled against feminist criminology. Finally, the chapter examines how more recent strands of feminist thought have tried to respond to these criticisms.
Chapter
11. Gender and feminist criminology
Pamela Ugwudike
Chapter
9. Experiencing imprisonment
This chapter considers the experience of imprisonment for specific groups, namely women (including mothers), ethnic minorities, disabled prisoners, religious minorities, and gay, lesbian, and transgender prisoners. There is also more focus on the experience of foreign national prisoners and the growing number of olderprisoners. Policies that aim to reduce the risk of unfair treatment to these groups and their impact are reviewed, as is the framework of legislation designed to promote equality and human rights. The approach taken to race equality has now been extended to other groups. The framework of equality law is considered, including the Equality Act 2010 and its equality duty. The importance of gender-specific penal policies is also discussed.
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11. Feminist Criminology
This chapter deals with feminist criminology and the critique of a traditionally masculine-driven discipline. It considers feminist arguments about the relationship between the criminality of women and their subordinate position and life experiences and the role of gender in theories of crime and deviance. It first considers Carol Smart’s views, as well as those of other theorists such as O. Pollak, W. I. Thomas, L. Gelsthorpe, and A. Morris. It then examines substantive areas where significant work has been accomplished in the field of feminist criminology: the ‘female emancipation leads to crime’ debate; the invalidation of the ‘leniency’ hypothesis; the relations between gender, crime, and social control; gender-specific crime; the increased prominence of the female victim in political and academic analysis; the gendered nature of victimization and criminalization; male violence; and intersectionality of class-race-gender inequalities. It concludes with a review of criticisms against feminist criminology.
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6. A fair cop? Policing and social justice
Benjamin Bowling, Robert Reiner, and James Sheptycki
This chapter examines fairness in policing with reference to issues of race and gender. It first defines the terms of debate—justice, fairness, discrimination—then considers individual, cultural, institutional, and structural theories and applies these to various aspects of policing. It considers the histories of police discrimination in relation to the policing of poverty, chattel slavery, racial segregation, colonialism, religious conflict, and ethnic minority communities, to understand their contemporary legacy. The chapter then examines spheres of police activity where allegations of unfairness and discrimination are particularly salient, including the response to women crime victims of rape and domestic violence, the use of ‘racial profiling’ in stop and search powers, and the use of deadly force. It examines the experiences of people from ethnic minorities, women, gay men, and lesbians within police forces. Through an exploration of the historical and contemporary literature, the chapter draws conclusions on whether or not the police act fairly in democratic societies.
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12. Rights for specific vulnerable persons
Following on from the previous chapter on equality and non-discrimination, this chapter examines the additional systems of human rights protection in place for specific groups of people who are often disadvantaged and marginalized in societies. Six specific groups are considered: women, children, elderly, internally displaced persons, stateless persons, and refugees. It first explains why group rights evolved in a system of human rights that, from the outset, was supposed to be universal, and then discusses the particular needs of these groups, the evolving international and regional human rights framework, and the extent to which the legal framework addresses the needs of the group in question.
Chapter
10. Adequate Standard of Living
Asbjørn Eide and Wenche Barth Eide
This chapter examines the right to an adequate standard of living and its components, namely, the rights to food, housing, and health. The chapter analyses the meaning and key features of the right to an adequate standard of living and examines the normative content of that right and its components, namely, the rights to food, housing, and health. The chapter then explores the difficulties and special obligations in ensuring the right to an adequate standard of living for particular groups of people, addresses the relationship between the right to an adequate standard of living and other human rights, examines the question of progressive implementation of the right, and, finally, addresses the justiciability of the right to an adequate standard of living and the need for international action in its implementation.