Criminalization Of Women

Archive for the ‘Criminalization of Women’ Category

Advocating against the criminalization of women

Posted on: November 5th, 2019 by Nellie's No Comments

In domestic violence situations, a disproportionate number of women who were reporting violence against them, instead have found themselves facing criminal charges. At Nellie’s we recognize and understand that the criminalization of women is not just the process of experiencing arrest, coming into the contact with the law, criminal convictions or incarceration, but that it is a systemic targeting of oppressed and marginalized people.

“In domestic situations, criminalization is a big problem,” says Anita Nathan, a criminal defence lawyer and a community member of Nellie’s Social Justice and Accessibility Committee. “I’ve personally represented a number of women who have been charged with domestic assault even though they themselves have been the victim for years.”

Anita has been a member of the Social Justice and Accessibility Committee since early 2018. She grew up in poverty, having fled to Canada from Sri Lanka with her family during the civil war, and always wanted to give back to the greater community.

“I wanted to do something fulfilling with my career and I wanted to be able to give back to my community by sharing my knowledge,” says Anita.

Anita, along with her committee colleague, Caitlin Smith, spent their spare time during the summer of 2019 creating the Women and Criminalization fact sheet on social justice and accessibility related issues for use by Nellie’s board members and staff. The Women and Criminalization fact sheet summarizes Nellie’s Position Paper on Women and Criminalization, which was originally released in 2018.The purpose of creating the fact sheet version was to distill the vast amount of information into an easily accessible and succinct version.

“When Nellie’s has to make any sort of statement or media comment, this information is now at our fingertips. We don’t have to go and collect, and look for, the data,” says Anita, adding that being able to do so will aid Nellie’s in its advocacy efforts.

An excerpt from the fact sheet

Nellie’s recognizes the process of criminalization as traumatic, especially to women who have already been traumatized by violence against women (VAW) and other interlocking systems of oppression. Nellie’s recognizes that there are intersections that greatly increase the risk of criminalization of women, which include:

Women who use drugs
Women who are in poverty
Indigenous women
Black women
Women who do sex work
Women with mental health concerns
Trans, Genderqueer and Non-Binary folks
Women experiencing violence

Nellie’s advocates for decriminalization and transformative justice that does not rely on increased law enforcement. We adhere to a social justice approach that aims to prevent and divert women from becoming criminalized. We recognize the barriers within the legal and correctional systems, as well as the barriers women face upon release, as further traumatizing women and preventing women from accessing the support they need.

Read the Women and Criminalization fact sheet.

Read Nellie’s Position Paper on Women and Criminalization.

Position Paper on Women and Criminalization

Posted on: March 1st, 2019 by Nellie's No Comments

Nellie’s has launched a position paper on women who have been criminalized. Too often, women are criminalized for activities they regard as necessary to their economic survival or for the ways they choose to cope with the trauma they experienced. This in turn further traumatizes women who are survivors of violence.

The positions in this paper will act as a guide for Nellie’s advocacy work and inform our services to better support women who have been criminalized or who have experienced trauma after having had encounters with police, the court system, jails and prisons.

Click here to read our Position Paper on Women & Criminalization

Embracing Parenthood Behind Bars

Posted on: May 28th, 2014 by Nellie's No Comments

On June 1st, we are encouraged to celebrate a globally recognized Day of Parents. Naturally, parents all over this world come from various walks of life and inevitably vary in the types of resources they can offer. The General Assembly of the UN states that parents are the key figures in their children’s lives and we should give gratitude for their commitment to nurture and care. But, do all parents get the opportunity to do their best? Don’t some encounter daily struggles or restrictions?

Nellie’s focus this year is on education and advocacy for women who have been criminalized; therefore, as we embrace the upcoming Day of Parents, let us not forget some of the issues faced by incarcerated women who have the challenging responsibility of parenthood while serving their sentence. How can these women be the parents they are expected to be? What about the moms who actually give birth while in prison?

Although not without controversy, Canada has recognized the need of a newborn to be with Mom even while she is in prison. A great example of this was the mother-baby program at Maple Ridge’s Alouette Correctional Centre for Women that opened in 2004. Based on the documented facts about this program, we can gather much information about the experiences of incarcerated mothers. Following are two tales of such Moms.

Noora was admitted to the B.C. Correctional Centre in 2005 during her third trimester. She gave birth in a prison that offered the mom-and baby-program. Even though this made some people uncomfortable, it was often called the “jewel in the women’s correctional system”. Noora was able to breast feed, bond and make her baby feel safe. She spent quality time encouraging her baby’s positive development. Noora continued to serve her sentence as expected.

The program ran in partnership with the Ministry for Children and Family Development, B.C. Women’s Hospital, while facilitated by health research and community support professionals. This program ensured many beneficial impacts to the mom and the baby including better health and self-efficacy. It ensured that moms were better prepared for parenthood, more likely to be positive influences in society when released and less likely to turn to substance use triggered by negative emotions.

Arnaude became a mother in the same prison after the mom-and baby-program was cancelled in 2008. Although most have experienced abuse, neglect, addictions and isolation, women like Arnaude have shared that sitting in a prison post-partum without their babies creates suffering worse than any other. By being taken away from her mom after birth, Arnaude’s baby daughter faced many risks, including isolation, emotional distress, self-esteem and behavioral issues. These children often experience residential disruptions, foster care or periods of time spent with various caretakers.

After four years in operation and without appropriate evaluation, the mother-baby program at Maple Ridge’s Alouette Correctional Centre was cancelled. This closure was eventually challenged in B.C. Supreme Court, and brought forward by former Maple Ridge inmates. They argued the closure to be a violation under the Charter of Rights and Freedoms.

Although this issue might strike many as a subject best to be avoided and possibly raises too many questions, we must remember that creating equal opportunities is not always a simple task. We are all responsible to ensure that vulnerable parents and children are not excluded and have equitable access to health, educational opportunities and other resources that we all have access to.

Now to the good news… In late 2013, B.C. Supreme Court ruled that Imprisoned mothers do in fact have the constitutional right to care for their newborn babies. B.C. Corrections has 6 months to comply with the ruling.