Tackling Double Disadvantage
Ending inequality for Black, Asian, minoritised, and migratised women in the criminal justice system.
31 Jan 2022
A coalition of expert organisations is today presenting the UK government with a 10-point action plan designed to tackle persistent inequalities experienced by Black, Asian, minoritised, and migrant women in the criminal justice system.
Too-often ignored, women face the ‘double disadvantage’ of gender inequality and racism when they encounter the criminal justice system. This stops them from getting the support they need both within the system and when they try to rebuild their lives outside, leaving them at risk of reoffending.
Five years on from the Lammy Review and the Double Disadvantage report delivered by Agenda and Women in Prison, specialist organisations Hibiscus, Muslim Women in Prison, the Zahid Mubarek Trust, Agenda, Criminal Justice Alliance and Women in Prison launch a new 10-point action plan.
It calls for urgent but practical changes to training, recruitment and external scrutiny to stamp out systemic biases that disadvantage marginalised women. It also calls on the Ministry of Justice to analyse and publish data on racial disparities in women’s contact with the criminal justice system.
The government has made a public commitment to tackle racial disparity in the criminal justice system[1] but progress has been too slow. In 2018 the Female Offender Strategy was published – but it does not go far enough to meet the needs of Black, Asian, minoritised, and migrant women. Too many marginalised women are consistently overlooked because of their race, gender, and faith.
Evidence shows that Black, Asian, minoritised, and migrant women are more likely to face harsher treatment across the criminal justice system. Many have experienced high levels of abuse: 85% of the women that Hibiscus, the UK’s leading organisation working with Black, minoritised and migrant women, work with have experienced gender-based violence.
Women’s experiences of violence and abuse can drive them into the criminal justice system, with the majority serving short sentences for non-violent offences. Many face further abuse and vulnerability as they experience the ‘ripple effects’ of criminal justice involvement like worsening mental health, isolation, and poverty. These experiences can be compounded by racism, prejudice and discrimination. Structural racism and socioeconomic inequalities intersect with gender inequality and disproportionately places them at risk of experiencing further disadvantage. Findings from the MOJ have shown, for example, that Black and women from ‘mixed ethnic’ backgrounds are twice as likely to be arrested in comparison to white women[2]. In addition, and despite extreme levels of need, Black, Asian, minoritised and migrant women face limited access to specialist support and are simply left to deal with their entrenched experiences of trauma alone.
Ivory, 35, a woman with experience of the criminal justice system and supported by Hibiscus said:
"In prison there is a lot of discrimination and racism against Black and Asian women because of how we look and the colour of our skin. The way staff address white people is different, and I suffered bullying because of this. This is an important issue that needs to be urgently looked into and changed. I know we are all different, but we should be treated the same, with the same respect. This is why the action plan proposed today is so important because things have to change for us."
Marchu Girma, CEO of Hibiscus, the UK’s leading organisation working with Black, minoritised and migrant women and families at the intersection of the immigration and criminal justice said:
"Currently there are unacceptable levels of inequalities in the criminal justice system, that result in many Black, Asian, minoritised and migrant women suffering. I am certain these inequalities are not mountains that cannot be moved. That is why we have worked with women with lived experience of the criminal justice system and five other expert organisations to develop a clear road map to reducing inequality. This 10-point action plan for change provides clear steps that are needed to make a real difference in the lives of the most marginalised women in our community. We have done all the hard work of identifying the changes that are needed to make a real difference, now we urge the government to act."
Women can often face additional disadvantage in the form of faith inequalities when they encounter the criminal justice system. The failure to acknowledge and support faith as an important part of their identity can further accentuate their sense of unfairness and marginalisation.
Amina, 27, a woman with experience of the criminal justice system, says:
"My faith is really important to me and it’s the one thing that got me through my prison sentence but from what I saw the officers had no understanding of what being a Muslim means. They only know the negative picture the media paints. For the first 3 months of my sentence, I had to pray on a towel because nobody gave me a prayer mat even though officers saw me pray on the towel. Another one of the girls had to fight my corner and get me one."
Indy Cross, CEO of Agenda, the alliance for women and girls at risk, said:
"It’s a national shame that the criminal justice system consistently fails so many Black, Asian, minoritised, and migrant women. The double disadvantage of structural racism and gender inequality in the criminal justice system must be tackled. We are calling on the government to urgently make the changes outlined in our action plan to protect and improve the lives of vulnerable women across the UK. Now is a critical time to act, as we build on the momentum to reverse these long-standing trends."
The government must urgently follow through with their commitment to addressing gender and racial inequalities for Black, Asian, minoritised and migrant women. By working together across political parties, specialist organisations and alongside women with lived experience in the criminal justice system, we can create real change and ensure some of the most marginalised women are no longer overlooked.
[1] https://www.gov.uk/government/publications/tackling-racial-disparity-in-the-criminal-justice-system-2020
[2] Black, Asian and Minority Ethnic disproportionality in the Criminal Justice System in England and Wales, MOJ, 2016