All about Women

This article presents a comprehensive study of 48 persons sentenced to death between 1990 and 2023 who presented as women at the time of their trials. This research is the first of its kind to conduct a holistic and intersectional analysis of the factors driving women’s death sentences. It reveals commonalities across women’s cases, delving into their experiences of motherhood, gender-based violence and prior involvement with the criminal legal system. This report also explore the nature of the women’s crimes of conviction, including the role of male co-defendants and the State’s use of aggravating factors. Finally, it reveals for the first time the extent to which capital prosecutions are dominated by men—including judges, elected District Attorneys, defense attorneys, and juror forepersons—and explain why gender matters in determining who lives and who dies

• Document type Academic report
• Countries list United States
• Themes list Gender / Women

Published on January 30, 2024.

The Third Eye invited Maitreyi Misra of Project 39A to help us think through our central idea: why do we need a feminist way of looking at crime, and how does that help the larger goal of social justice?

Project 39A is inspired by Article 39-A of the Indian Constitution, a provision that furthers the intertwined values of equal justice and equal opportunity by removing economic and social barriers. Using empirical research to re-examine practices and policies in the criminal justice system, Project 39A aims to trigger new conversations on legal aid, torture, forensics, mental health in prisons, and the death penalty.

• Document type Article
• Themes list Gender / Women

This publication seeks to make visible the gender and intersectional discrimination faced by women in the judicial process leading to the death penalty. Through the various articlesin this publication, the authors bring to light the reality of women facing the death penalty through a different lens.

The first author, Shekinah Bright Kiting’a, in making a compelling case for abolition of the death penalty, explores how the death penalty uniquely affects women in the context of motherhood. Further, she highlights the rights and well-being of the children affected by their mothers’ death sentences, revealing flaws in our legal and ethical systems. With the overall aim of advocating for its abolition due to its significant impact on both parenthood and children’s rights, her article seeks to push for reforms that honour motherhood and prioritize children’s well-being in these difficult circumstances.

Kenaya Komba dissects gender disparity in the judicial system by exploring the intersection of domestic violence and the death penalty. In making a case for a restorative approach to justice, her article analyses the impact of capital punishment on victims of domestic violence and the systemic injustice and biases they continue to grapple with. Her elaborate analysis of the Constitution of Kenya, 2010 and the Protection Against Domestic Violence Act, 2016, highlights the urgent need for reform in the legal system.

While Analyzing the role the media plays in shaping perceptions of women on death row, Patricia Chepkirui evaluates the implications of positive and negative media portrayals of such women by highlighting the ethical responsibilities of media in the coverage of women on death row cases. The article ultimately underscores the significance of responsiblemedia coverage in ensuring that media exposure of cases of women on death row is fair,balanced, and respectful of their rights and dignity.

Alex Tamei delves into the intricacies of abuse, gender-based violence, and trauma as mitigating factors in death penalty sentencing for women. His article comparatively analyses two Kenyan cases of murder in retaliation to intimate partner violence, seeking to shed light on the plight of victims of gender-based violence. The article effortlessly brings out the nexus between the death penalty and intimate partner violence and makessolid recommendations for change.

The fifth author, Patience Chepchirchir, delves into the nexus between psychological abuse and provocation. Through her article, she brings out the scope of psychological abuse while focusing on the linkage between emotional abuse and provocation and how the same can be considered as mitigating factors. Through an elaborate analysis of case law, she makes a case for psychological abuse of women as a mitigating circumstance during sentencing.

Stella Cherono’s article reflects on the intersectional discrimination faced by women in the criminal trial process leading to death row. The article highlights the complex and overlapping forms of discrimination women experience during the pretrial, trial and sentencing stages. Through her comprehensive analysis of gendered pathways to offending and imprisonment, she challenges how society perceives discrimination.

Loraine Koskei Interrogates the emerging jurisprudence on Intimate Partner Violence.Her article lays out the gendered factor in the commissioning and sentencing of women convicted of murder and offers possible recommendations.

• Document type NGO report
• Countries list Kenya
• Themes list Death Row Conditions / Fair Trial / Gender / Women

Published in 2023.

This article is the first in a series that will systematically explore how gender has affected the criminal proceedings of women currently on death row. For this inaugural article, we have undertaken the first—and, to our knowledge, only comprehensive analysis of gender-based violence (“GBV”) in the lives of all women currently on death row, examining the prevalence of GBV and how it has shaped the lives and affected the criminal prosecutions of women facing execution. Our research reveals, for the first time, that almost every woman on death row in the United States has experienced GBV. Indeed,the great majority have experienced more than one incident of GBV in their lifetime. Our findings align with previous studies demonstrating that women’s pathways to incarceration are paved with physical, sexual, and psychological abuse. Our research further shows that both in the United States and around the world, defense attorneys frequently fail to present evidence of GBV in women’s capital trials. When they do introduce such evidence, they fail to fully explain the nature of their clients’ victimization and the harm they have suffered as a result. Moreover, prosecutors frequently rely on gendered tropes to discredit women’s accounts of violence such as childhood sexual abuse, rape, and intimate partner violence. Consequently, those who sentence women to die rarely comprehend the extensive trauma that the women have endured throughout their lives, and how that trauma relates to their legal and moral culpability.

• Document type Academic Article
• Themes list Gender / Women

Un regard déchirant sur la vie des femmes condamnées et les failles du système judiciaire américain. Aux Etats-Unis, 54 femmes « attendent » l’exécution de leur peine. Linda Carty et Melissa Lucio sont emprisonnées au Texas, Shawna Forde en Arizona. Elles se livrent. Parmi les prisonnières, certaines espèrent la révision de leur procès.

• Document type Multimedia content
• Countries list United States
• Themes list Death Row Conditions / Gender / Women

Silently Silenced: State-Sanctioned Killing of Women examines States’ involvement in ‘feminicide’. Feminicide is understood as the gender-motivated killing of women and girls that States actively engage in, condone, excuse, or fail to prevent. We use the term ‘feminicide’ to refer to the various forms of State-sanctioned killing of women and girls. In this report, we outline States’ direct involvement and complicity in the killings of women and girls and explain these deaths as a product of gendered forms of structural violence upheld and sustained by the State. We examine 3 types of feminicide: gender- related killings of women directly perpetrated by the State, such as the death penalty and extrajudicial killings; gender-related killings of women committed by non-State actors that are excused or condoned by the State; and gender-related killings of women that the State failed to prevent.

• Document type Academic report
• Themes list Women

In the summer of 2007, an older man approaches Reyhaneh Jabbari and asks the architecture student who has a side job as an interior decorator for her help in the design of offices. During the site inspection, he tries to rape her. Reyhaneh stabs him in self-defence. She is arrested for murder and sentenced to death. Reyhaneh was to spend the next seven years in prison while her family hired lawyers and made the public aware of the case. However, in spite of the efforts of national and international politicians and human rights organisations, the Iranian judiciary continued to cite the “right of blood-revenge”. This meant that, as long as Reyhaneh did not withdraw her accusations against the man, his family could demand her death. Reyhaneh stuck to her testimony and was hanged at the age of 26.
In her moving and shockingly topical documentary debut, director Steffi Niederzoll uses among other things original audio and visual material that was smuggled out of Iran. This film, in which Holy Spider actor Zar Amir Ebrahimi lends Reyhaneh her voice, makes visible the injustice in Iranian society and portrays an involuntary heroine who gave her life in the fight for women’s rights.

• Document type Multimedia content
• Countries list Iran (Islamic Republic of)
• Themes list Gender / Women
• Available languages Sept hivers à Téhéran

The Government of the Philippines has taken commendable steps toward protecting and promoting the rights of women overseas Filipino workers (OFWs), but those workers remain vulnerable to exploitation and abuse, and when they come into conflict with the law in their host countries, their vulnerabilities are compounded by linguistic and legal barriers, as well as judicial systems which fail to account for the gendered context in which they allegedly committed criminal acts. The Government of the Philippines should do more to ensure protection of the rights of these women OFWs, particularly when they are at risk of being sentenced to death.

• Document type NGO report
• Countries list Philippines
• Themes list Women

On 10 October 2021, the World Coalition and abolitionists around the world celebrated the 19th World Day Against the Death Penalty (‘World Day’). Every year on World Day, the World Coalition highlights one problematic aspect of the Death Penalty. In 2021, the World Day explored the theme “Women sentenced to death, an invisible reality” to raise awareness on how the treatment of gender and gender-based inequalities create particularly precarious conditions for women sentenced to capital punishment. This report presents the activities organised for the 19th World Day and the media coverage it received.

• Document type World Coalition
• Themes list Women
• Available languages Rapport journée mondiale 2021

Detention conditions for women in Malawi are crowded, and women in prisons are not given adequate food and nutrition. Specifically, many prisons only serve people with one meal a day, often consisting of a maize meal (nsima) and peas or beans. Overcrowded conditions are a particular concern during the COVID-19 pandemic, when risk of transmission of the disease is high. Prison conditions in Malawi amount to inhuman and degrading treatment.

Women in death penalty proceedings in Malawi lack access to qualified legal representation. Defense advocates in Malawi who are assigned to capital cases often lack relevant experience. In at least one case, a lawyer failed to raise the complete defense of self-defense in representing a woman who killed her husband as a result of a long history of domestic abuse. Had the defense been raised, it is possible that the woman would not have been sentenced to death. Moreover, women from poor and marginalized communities are disproportionately affected by the death penalty because when they are accused of crimes, they are often unable to understand the charges against them because they are illiterate and cannot read the complaint against them. They are also unable to retain private counsel.

Women who face extensive gender-based violence are disproportionately affected by the death penalty in Malawi, including those who seek to protect themselves against their abusers. Long histories of gender-based violence can result in complex trauma and can exacerbate psycho-social or intellectual disabilities, yet sentencing courts fail to take these nefarious effects into account as factors in mitigation of a death sentence.

• Document type NGO report / World Coalition
• Countries list Malawi
• Themes list Women

One of every 15 women in prison — amounting to more than 6,600 women — is serving a life sentence and nearly 2,000 of these have no chance for parole. Another 52 women in the U.S. are awaiting execution. Many women serving extreme sentences were victims of physical, sexual, and emotional abuse long before they committed a crime.

• Document type NGO report
• Themes list Women

Written by a team including experts in the fields of capital defense, gender rights, gender-sensitive mitigation and the rights of transgender persons, the guide includes sections on gender-based violence, women’s mental health, prison conditions, discrimination in the legal system, working with the media, and how to build a gender-sensitive team. It also includes a step-by-step gender-sensitive interview protocol that builds on resources developed by the anti-violence community and is tailored to the needs of defense teams.

• Document type Legal Representation
• Themes list Legal Representation / Women
• Available languages Défendre les femmes et les personnes transgenres confrontées à des peines extrêmes

This report addresses Uganda’s compliance with its obligations under the Convention on the Elimination of All Forms of Discrimination Against Women with respect to the death penalty. The report examines and discusses Ugandan death penalty laws and cases where women are sentenced to death row in Uganda, primarily for murder.

This report recommends that Uganda adopt a number of key recommendations to better align its death penalty practices with Uganda’s obligations to women under the Convention. These steps, among other things, include: (1) abolishing the death penalty and in the interim, limiting the death penalty to only the most serious crimes of intentional killing of another human; (2) ensuring proper gender-sensitive training in the judicial system and protecting women in conflict with the law when gender-based violence is involved; (3) developing and implementing programs to prevent gender-based violence and discrimination; and (4) ensuring fair access to counsel to women sentenced to death or at risk of being sentenced to death.

• Document type NGO report / World Coalition
• Countries list Uganda
• Themes list Women

This report addresses Lebanon’s compliance with human rights obligations under the Convention on the Elimination of All Forms of Discrimination Against Women regarding its use of the death penalty.

Lebanon has not abolished the death penalty or established a de jure moratorium on the death penalty. The legal system does not protect women in conflict with the law from discrimination on the basis of sex or gender. Nor does it limit capital offenses to the “most serious” crimes.

Women migrant domestic workers appear to be at an elevated risk of being sentenced to death. Indeed, all three women known to be on death row in Lebanon are Sri Lankan migrant domestic workers. Such women face heightened obstacles to realizing their right to a fair trial. Moreover, there is no evidence that sentencing authorities take into account a woman’s history of abuse when determining an appropriate sentence. Finally, women under sentence of death face degrading conditions of detention.

• Document type NGO report / World Coalition
• Countries list Lebanon
• Themes list Women

The Commission on Human Rights of the Philippines issues this advisory to bring the Philippines’ attention to the heightened vulnerabilities of women Overseas Filipino Workers (OFWs).

• Document type Government body report
• Countries list Philippines
• Themes list Drug Offenses / Legal Representation / Women
• Available languages Avis sur la vulnérabilité accrue des travailleuses migrantes dans le couloir de la mort

Foreign nationals, and within this group migrant workers, are a population that disproportionately faces the death penalty around the world. The data and statistics gathered by Reprieve and Migrant CARE for this report show that migrant workers as a sub-set of the foreign national population are at grave risk of human rights violations related to the death penalty, including arbitrary deprivation of the right to life in the context of unlawful death sentences and executions.

This report focuses on: states that receive migrant workers (‘receiving states’), in particular the states that make up the Association of South East Asian Nations or ASEAN (‘South East Asian states’) and the Gulf Cooperation Council (‘Gulf states’), and on states from which migrant workers travel to work (‘sending states’).

• Document type NGO report
• Countries list Indonesia / Malaysia / Nigeria / Pakistan / Saudi Arabia
• Themes list Fair Trial / Legal Representation / Women

In observation of the 2021 World Day Against the Death Penalty dedicated to women, Iran Human Rights is providing a report on the women executed in Iran over the last 12 years (2010-2021). The executions in this period are by no means representative of the Islamic Republic of Iran’s complete history of executing women; the number of female political prisoners executed in the 1980s must be acknowledged due to their sheer volume and abhorrent nature. But even today, there is ample evidence of their cruel and inhuman treatment of female prisoners, which will be highlighted in this report.

• Document type NGO report
• Countries list Iran (Islamic Republic of)
• Themes list Women

“No one believed me” is a quote from Merri Utami, who was sentenced to death for drug trafficking in Indonesia in 2002. Her quote reflects the injustices faced by women accused of capital drug offenses around the world: many decision-makers disbelieve women’s plausible innocence claims or discount the effects of relationships and economic instability on women’s decisions to traffic drugs.

• Document type NGO report
• Themes list Drug Offenses / Women
• Available languages

Women in conflict with the law in Yemen are at risk of experiencing gender-based discrimination within the legal system and while detained. Such discrimination is particularly acute when women are at risk of being sentenced to death. For example, in Houthi-controlled parts of Yemen, women are in danger of being sentenced to death for “spying,” often based primarily on the conduct of their male family members. In parts of the country controlled by the internationally recognized Government of Yemen, women accused of capital offenses are denied legal aid to mount a successful defense. And because of the mandatory nature of the death penalty for crimes such as murder, courts do not take into account an accused woman’s experiences of gender-based violence that may have motivated her actions. Women are also often financially unable to gather sufficient resources to pay “blood money” to victims’ families. Detention conditions for women, particularly in Houthi-controlled parts of Yemen, amount to cruel, inhuman, and degrading treatment and in some cases prison authorities torture women detainees.

Because of continued internal conflict in Yemen, there is limited official data regarding the number of women currently sentenced to death. For the same reason, there is only limited information regarding detention conditions of women sentenced to death.

• Document type NGO report / World Coalition
• Countries list Yemen
• Themes list Women

Created on the occasion of the 19th World Day Against the Death Penalty (10/10/21), this tool’s aim is to provide practical advice and concrete suggestions to civil society organizations who wish/ are already collaborating with parliamentarians to end the death penalty and bring attention to women sentenced to death.

• Document type Working with...
• Themes list Women
• Available languages Traiter la dimension de genre de la peine de mort : Collaboration entre les parlementaires et la société civile

Matan da Akama Hukun Cin Raï da Raï : Gaskiyan da Ba’a Gani

• Document type Campaigning
• Themes list Women

Woyboro Kan Wii Yen Ciiti Ndira a Bon Cimi No Kan Borey Si Nga Ndi

• Document type Campaigning
• Themes list Women

Kababaihang nahatulan ng parusang kamatayan: isang di nakikitang realidad

• Document type Campaigning
• Themes list Women

OKUWANIKA ABAKAZI KU KALABBA: AMAZIMA AMEKUSIFU

• Document type Campaigning
• Themes list Women

Basi pe bazali kozuwa etumbu ya liwa: Ezali kosalema kasi komonana na miso ya bato te

• Document type Campaigning
• Themes list Women

While the methods in this tool are applicable beyond the scope of capital punishment, for the 19th World Day Against the Death Penalty, Reprieve and the World Coalition Against the Death Penalty have drafted this How-To on engaging the United Nations (UN) Special Procedures for elevating cases pertaining to women who have been sentenced to the death penalty.

• Document type Working with...
• Themes list Women
• Available languages Saisir les procédures spéciales du Conseil des droits de l'Homme des Nations unies : les femmes et la peine de mort

On 10 October 2021, the World Coalition Against the Death Penalty and other abolitionist organizations worldwide will celebrate the 19th World Day Against the Death Penalty.

This year, the World Day is dedicated to women who risk being sentenced to death, who have received a death sentence, who have been executed, and to those who have had their death sentences commuted, exonerated, or pardoned.

This detailed factsheet will use the phrase “women sentenced to death” as an inclusive phrase for all of these categories. As women represent a small percentage of those on death row globally, very little has been reported about these women. Yet we can learn much by analyzing their crimes, their lives prior to the crimes, and the conditions under which they are detained on death row.

• Document type Campaigning
• Themes list Women
• Available languages Fiche d'information détaillée: Femmes et la peine de mort

Collection of testimonials of women’s experiences around the world regarding their death sentences- World Day 2021

• Document type Campaigning
• Themes list Women
• Available languages TÉMOIGNAGES DE FEMMES CONDAMNÉES À MORT

On 10 October 2021, the World Coalition Against the Death Penalty and other abolitionist organizations worldwide will celebrate the 19th World Day Against the Death Penalty.

This year the World Day is dedicated to women who risk being sentenced to death, who have received a death sentence, who have been executed, and to those who have had their death sentences commuted, have been exonerated or pardoned. Included in this theme, are trans women and other gender diverse individuals, who are a minority on death row but who are discriminated against on the basis of gender.

Capital punishment disproportionately targets socially marginalized individuals; it is no different for transgender people, who may face discrimination in every aspect of their lives.

• Document type Campaigning
• Themes list Women
• Available languages FICHE D’INTRODUCTION SUR LES PERSONNES TRANS PASSIBLES DE LA PEINE DE MORT

2020/2021 Facts & Figures Sheet for the World Day Against the Death Penalty

• Document type Campaigning
• Themes list Terrorism / Women
• Available languages FAITS ET CHIFFRES 2020/2021

If you are a member organization, join the fantastic program we will have on Friday 18 June!

• Document type World Coalition
• Themes list Juveniles / Women
• Available languages Assemblée générale du 18 juin 2021 - Programme

Wanawake waliohukumiwa kunyongwa: Ukweli uliofichika

• Document type Campaigning
• Themes list Women

死刑を科された女性：その知られざる現実

• Document type Campaigning
• Themes list Women

Frauen in der Todeszelle: Ungesehene Realität

• Document type Campaigning
• Themes list Women

Donne condannate a morte: una realta’ invisibile

• Document type Campaigning
• Themes list Women

On 10 October 2021, the World Coalition Against the Death Penalty and abolitionist organizations around the world will celebrate the 19th World Day Against the Death Penalty.

This year the World Day is dedicated to women who risk being sentenced to death, who have received a death sentence, who have been executed, and to those who have had their death sentences commuted, have been exonerated or pardoned.

Their stories are an invisible reality.

• Document type Campaigning
• Themes list Women
• Available languages كتيب باللغة العربية - الدورة التاسعة عشرة للیوم العالمي لمناھضة عقوبة الإعدامBrochure FR - 2021 Journée mondiale contre la peine de mort

Women sentenced to death: an invisible reality.

• Document type Campaigning
• Themes list Women
• Available languages 2021اليوم العالمي ضدّ عقوبة الاعدامPoster ES - 2021 Día Mundial contra la Pena de Muerte2021روز جهانی علیه مجازات مرگAffiche FR - 2021 Journée mondiale contre la peine de mortPoster RU- 2021 Всемирный день против смертной казниPoster ZH 2021- 世界反死刑日

The World Day Against the Death Penalty is aimed at political leaders and public opinion in both retentionist and abolitionist countries.

For the 19th year in a row, the World Coalition Against the Death Penalty is calling for local initiatives and world-wide actions that shine a spotlight on the abolition of the death penalty.

The goal of this Mobilization Kit is to inform of this year’s objectives as well provide ideas of activities that boost the global abolitionist goal. This year the World Day is dedicated to women who risk being sentenced to death, who have received a death sentence, who have been executed, and to those who have had their death sentences commuted, have been exonerated or pardoned.

• Document type Campaigning
• Themes list Women
• Available languages رزمة التعبئةKit de mobilisation Journée mondiale 2021動員資料包

• Document type Array
• Countries list Iran (Islamic Republic of)
• Themes list Drug Offenses / Fair Trial / Juveniles / Women