IDEAS home Printed from https://ideas.repec.org/a/gam/jlawss/v14y2025i5p75-d1768740.html
   My bibliography  Save this article

Locked Away While Innocent: Women, Human Rights, and Pre-Trial Detention

Author

Listed:
  • Samantha Jeffries

    (School of Criminology and Criminal Justice, Griffith Criminology Institute, Griffith University, Nathan, QLD 4111, Australia)

  • Barbara Owen

    (Department of Criminology, California State University, Fresno, 5241 N Maple Ave, Fresno, CA 93740, USA)

Abstract

Pre-trial detention is intended to be a measure of last resort, yet it is excessively applied across jurisdictions worldwide. This paper examines its use, with particular emphasis on its application to women and its incompatibility with international human rights law, standards, and norms. We demonstrate that the inappropriate and widespread use of custodial remand violates fundamental human rights, while exposing the gendered and intersectional barriers that impede women’s access to bail. We further underscore the far-reaching social, economic, and emotional consequences of women’s incarceration. Drawing on a limited but expanding body of research, we argue that pre-trial detention operates as a form of gendered punishment that reflects and reinforces structural inequalities, producing enduring harms for women, their families, and communities. The paper concludes by calling for investment in gender-sensitive, non-custodial, and community-based alternatives that advance women’s decarceration. These measures must be underpinned by reforms that give practical effect to human rights law, standards, and norms, while also addressing the structural conditions that lead to women’s involvement in the criminal-legal system, and ending the unnecessary imprisonment of those who are legally innocent.

Suggested Citation

  • Samantha Jeffries & Barbara Owen, 2025. "Locked Away While Innocent: Women, Human Rights, and Pre-Trial Detention," Laws, MDPI, vol. 14(5), pages 1-17, October.
  • Handle: RePEc:gam:jlawss:v:14:y:2025:i:5:p:75-:d:1768740
    as

    Download full text from publisher

    File URL: https://www.mdpi.com/2075-471X/14/5/75/pdf
    Download Restriction: no

    File URL: https://www.mdpi.com/2075-471X/14/5/75/
    Download Restriction: no
    ---><---

    More about this item

    Keywords

    ;
    ;
    ;
    ;
    ;
    ;

    Statistics

    Access and download statistics

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:gam:jlawss:v:14:y:2025:i:5:p:75-:d:1768740. See general information about how to correct material in RePEc.

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    We have no bibliographic references for this item. You can help adding them by using this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: MDPI Indexing Manager (email available below). General contact details of provider: https://www.mdpi.com .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.