Uncovering the risks faced by women and gender-diverse people in immigration detention
Sexual coercion, medical neglect and gendered violence – women and gender-diverse people in immigration detention face unique vulnerabilities. Yet, until now, the gendered reality of immigration detention has been widely overlooked.
Many governments treat detention as a neutral measure applied equally to all. But a groundbreaking new report from IDC and UN Women makes clear that, while immigration detention is profoundly harmful to all people, there are particular consequences for women, girls and gender-diverse people.
Instead, we’re calling on governments to use community-based alternatives that keep people out of detention entirely. These approaches are already working in some countries, supporting people to live in the community with access to housing, healthcare, education and legal advice while their immigration case is resolved.
These alternatives to detention are safer, fairer and more effective – for people going through the system and for governments and taxpayers too. Community-based alternatives to detention are also gender-responsive, taking into account the specific needs and situations of vulnerability faced by women, girls and gender diverse people.
Life for women in immigration detention
Ending immigration detention is a women’s rights issue. Overcrowded cells, insufficient food, and lack of sanitation define daily life for most detained people, but for women, these conditions create additional risks.
Women have unique hygiene needs, and without proper access to menstrual products, clean water or sanitation, even basic care becomes impossible. Lack of access to menstrual hygiene products can lead to infection, while lack of clean water can be disastrous for pregnant women and new mothers.
Women’s unique sexual and reproductive health needs are also overlooked. There is often little to no access to contraception, abortion services, or testing for and treatment of sexually transmitted infections.
Many detained women never see a specialist doctor, even when pregnant or suffering from chronic illnesses. Often, access to gynecological care is virtually nonexistent, leaving women without contraception, STI screenings or treatment for sexual violence-related injuries.
Some women give birth in detention without medical assistance, others suffer miscarriages in conditions that violate international human rights standards. Transgender detainees are often denied hormone therapy and gender-affirming care, worsening their physical and mental health.
For many women in detention, sexual violence is a constant threat. The report documents widespread cases of rape, coercion and harassment by both guards and fellow detainees, enabled by an environment where accountability is almost nonexistent. Male officers hold unchecked power, with some using sexual coercion in exchange for basic necessities like hygiene products. Others exploit their access to women’s private spaces, watching them undress, shower or sleep.
Gender-diverse people — especially transgender women and gender nonconforming people — often face a heightened risk of abuse and sexual violence in immigration detention. They may be forcibly held with male detainees and often experience harassment from guards due to their divergence from gender norms.
With no meaningful complaint mechanisms in place, many women and gender-diverse people remain silent, knowing that speaking out could result in retaliation rather than justice.
This sort of treatment does not just harm women’s bodies, it destroys their mental wellbeing. Women who have already endured war, trafficking or domestic violence find themselves retraumatised in a system that isolates, dehumanises and silences them.
The use of solitary confinement is recognised by the UN as a form of torture, yet remains common practice in many facilities, and is often used for transgender detainees under the guise of ‘protection’.
High rates of PTSD, anxiety and depression are well-documented, exacerbated by the uncertainty of indefinite detention and perpetual limbo. For mothers, family separation adds another layer of suffering, as they are forced to navigate detention knowing their children are out of reach.
Many women spend months, even years, in these conditions, waiting in legal limbo with no certainty about their future.
But, crucially, it doesn’t have to be this way.
Towards rights and dignity for migrant and refugee women
We are working alongside governments, civil society, people with lived experience and UN agencies to introduce community-based, non-custodial alternatives that support people through immigration processes without the use of detention – not just for women and gender-diverse people, but for all.
In practice, human rights-respecting alternatives involve supporting people to live freely in the community, where they can access legal advice, housing support, healthcare, education and other services. This approach gives people the tools they need to engage with immigration processes and move forward with their lives in safety and dignity.
Some countries already prohibit immigration detention entirely. Ecuador and Uruguay do not detain migrants, while Colombia has focused on regularising people’s immigration status enabling access to rights and services, rather than detention. In these settings, women are not subjected to confinement. They are able to stay with their families, access care and live with greater security during an uncertain time. Other countries, including the United Kingdom and Australia, provide status and visas for survivors of sexual and gender-based violence.
Meanwhile, other governments are moving in this direction by prohibiting detention for certain groups of women – an important policy step. Several countries in Asia, such as Taiwan, Hong Kong, Kazakhstan and Indonesia, have policies which specifically prohibit the immigration detention of pregnant women. This acknowledges that detention is an unacceptable setting for pregnant women, and that their care and access to reproductive health services need to be prioritised.
Crucially, alternatives to detention work. Research shows that case management-based models — where migrants receive legal guidance and social support – lead to immigration cases being resolved faster and more efficiently. They also cost less, ease pressure on public service, and prevent the devastating mental and physical harm associated with confinement.
Governments justify immigration detention as a necessary enforcement tool, but the evidence tells a different story. The IDC-UN Women report makes clear that detaining women is both harmful and unnecessary.
Immigration detention deprives women of their safety, strips them of their rights and inflicts lasting harm that extends far beyond the walls of detention centers. Governments are not forced to detain migrant women; they choose to. And they could choose differently.
This shift is possible. Our landmark report shows it’s already underway in different parts of the world. What’s needed now is a commitment to act and to foreground the safety, rights and dignity of migrant and refugee women.
