ABSTRACT

As criminology progresses into the twenty-first century, discussions about its state of health continue to abound. The diagnosis is mixed, and readings of the past, present and future states of criminology vary enormously. One thing we can be sure about is that the impact of feminist perspectives is clearly observable on criminological research, policy, and practice agendas. Writers interested in gender have taken on the challenge of making women, and more recently men, visible within the criminological enterprise. With the impact of feminist perspectives so clearly visible, there is much to be proud of. Indeed, one might question the need to pursue new directions and approaches to the study of gender and crime. Despite the significance of feminist perspectives, the extent to which mainstream criminology has acknowledged such contributions remains a contested point. Comack (1999) argues that feminism and those with a gender agenda remain very much on the margins of the discipline. Criminology’s response to feminist work is described by Heidensohn (2000: 4) as a ‘token genuflexion, rather than true respect and consideration of gender issues’. This chapter responds to calls for new approaches by considering the usefulness of a human rights framework for the study of gender and criminal justice. Exploring new directions offers us the opportunity to restate the continuing significance of gender within criminology. In doing so, we can try to avoid the empirical and conceptual complacency that often descends on disciplines and remain vigilant of the evolving and ever-changing nature of the field. Above all, this chapter provides an opportunity to combat the

growing mantra in criminal justice and broader circles that ‘all things are equal now’ and ensures that we keep gender on the agenda. The chapter is divided into three main parts. The first part will consider the state of criminology and maps out the logic behind searching for new directions within the study of gender and crime. The second part introduces readers to the development and growing importance of a human rights discourse. The third and final part outlines the significance of a human rights framework for the study of gender and crime by considering the female prisoner in greater depth.