Incarcerating First Nations Women: An Intersectional Approach

This thesis looks differently at the current crisis of over-incarceration of First Nations women in Australia, developing Kimberlé Crenshaw’s 1989 intersectional lens to reflect a three-point intersection of race, gender, and colonialism. This thesis utilises a Foucauldian “theory of the present” methodology to reimagine this crisis in a way that is different to the commonly accepted reality.

Part One of this thesis sets out the problem, with Chapter One presenting an introduction to the problem. Chapter Two conducts a detailed literature review identifying a gap in the literature within which this thesis sits. The literature review is in two parts: the first examining the body of literature addressing the incarceration of First Nations women; the second part considering more specifically the various theoretical approaches taken to the issue. This process identifies a gap in the literature, which in turn invites the development of the intersectional lens beyond the traditional points of race and gender, and the establishment of a three-point intersectional lens situated at the points of race, gender, and colonialism. Chapter Three outlines the methodology adopted by this thesis to full this gap, adopting a “theory of the present” methodology, developed from Foucault’s broader body of work and influenced by theorists including Thomas Kuhn and Friedrich Nietzsche is set out. This chapter also sets out the relevant ethical considerations.

Part Two of this thesis is dedicated to the development of a three-point intersectional lens. Chapter Four grounds the crisis in theories of violence, and Chapter Five builds on the violent underpinnings of the crisis by examining the role and adaptability of the intersectional lens in the Australian context. Chapter Five, Chapter Six, and Chapter Seven are dedicated to Critical Race Theory, Feminist Legal Theory, and Post-Colonial Theory respectively. These chapters ground the three points of intersection implicated in the three-point lens in the appropriate theory and explore how a theoretical understanding of these intersecting points assist in reimagining the problem.

Part Three of this thesis applies the three-point intersectional lens established in Part Two to a practical example. Chapter Nine takes the form of a case study; taking the death in custody of First Nations woman Veronica Nelson, this chapter applies the three-point intersectional lens to determine how such an analysis assists in thinking differently about the crisis. The final chapter, Chapter Ten, concludes this thesis and sets out areas for future research.